MemberText Privacy Policy & Terms and Conditions

MemberText is committed to protecting your privacy and the confidentiality of the information that you provide. This is our Privacy and Confidentiality Policy, including our promise that MemberText will not share any of your business or personal information with any third party.
MemberText will never sell, share or contact any of your members for any reason.

Privacy and confidentiality is of tremendous importance to MemberText. We understand that information you provide is confidential. We are committed to maintaining the privacy of our customers, employees, and site visitors, and protecting any business or personal information that you provide or we provide to you.

The business or personal information you provide and the specific information we use is never sold or rented to a third party. To prevent unauthorized access, and ensure the confidential use of client, employee, and site visitor information, we have put in place appropriate physical and electronic procedures to safeguard and secure the information that you provide. Our safeguards cannot protect information you have downloaded to your own server, network or desktop.

For users: 

To opt-out of any program, please reply STOP to any msg.

It is MemberText policy, that just as a user must opt in or be opted in to a previous text messaging list, they have the right to opt out of a particular text messaging list as well. When a user opts out of a text messaging list, they will no longer receive any texts unless they, themselves, re-subscribe. MemberText is not responsible for the text or picture messages sent by our clients or customers that are using MemberText products or services. It is the sole responsibility of the user to acquire proper permission to send text messages and/or MMS messages to their subscribers.

Customers’ Contact Data

MemberText Customers use our Services to host data and information. Such information usually includes Customers’ Contact Data, such as data about the contacts they wish to communicate with by using our platform. MemberText  processes Customers’ Contact Data on behalf of our Customers. We only use Customers’ Contact Data for the purpose of providing Services to our Customers.

- Release of Contact Data. By uploading your Contact Data to our Services, you release this information to us.

- Right to Store and Use the Contact Data. By uploading your Contact Data to our Services, you represent that you have the right to store and otherwise use that Contact Data on our Services, as well as the right to communicate with the Contact using that information.

- Customer Responsibility for Maintaining a Secure Account. Customers are responsible for maintaining the security and confidentiality of their MemberText usernames and passwords. This is important to protect the confidentiality of their Contact Data.

- Requests for Deletion of Contact Data by the Contact. Any Contact of a MemberText Customer who would like their data to be deleted from a Customer’s account should send such requests directly to the Customer. If contacted, however, MemberText will make our best effort to accommodate requests that appear to be genuine and legitimate.

California Privacy Rights and Customers’ Contact Data

The California Consumer Privacy Act (“CCPA”) (Cal. Civ. Code § 1798.100, et seq.) provides California residents with specific rights regarding the use of their personal information. The CCPA defines “personal information” as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. As described in the above, MemberText Customers use our Services to host Customers’ Contact Data that MemberText Customers collect.

MemberText operates as a service provider with respect to Customers’ Contact Data. This means that we only use Customers’ Contact Data for the purpose of providing Services to our Customers. To fulfill these purposes, MemberText may access Customers’ Contact Data to provide our Services, to address technical or other service problems, or to comply with instructions of our Customers who provided the data. We do not access, retain, use, or disclose Customers’ Contact Data for any other purpose.

If you, a California resident, wish to exercise your rights to access, delete, or opt-out of the sale of your personal information, please submit your request directly to the Customer who submitted your data to MemberText. You may also contact us to request information about the Customer who provided MemberText with your data by submitting your request to justin(at)membertext.net. Upon receiving your request, where possible, we will refer your request to the Customer(s) who submitted your data and provide you with their contact information. We are committed to upholding your privacy rights and will support our Customers as needed in responding to your request.

For clients:

1. Terms: This Club Courses SMS agreement (the “Agreement”) is entered into between you (the “Client” or “you”) and Club Courses, LLC (the “Company,” “we” or “us”) and together with Client the “Parties” or each individually a “Party”). These terms will become effective on the date of the Client’s signature (the “Effective Date”), and will remain in effect until terminated as provided below. In agreeing to these terms, you hereby authorize recurring monthly billing. The first payment will be taken the day you start and are entered into the system. Subsequent payments will be taken monthly on the anniversary of the Effective Date. You acknowledge that you are responsible for payment in full of all associated payments in US dollars in advance. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL AMOUNTS OWED MUST BE PAID IN ADVANCE AND THAT, IN ADDITION TO BEING IN BREACH OF YOUR CONTRACTUAL OBLIGATIONS, YOUR SERVICES MAY BE PAUSED OR TERMINATED IF TIMELY PAYMENT IS NOT RECEIVED. Notice of cancellation for SMS Marketing charges must be received in writing, either electronically or by mail, and verbally communicated to us no less than 30 days prior to the automatic renewal. Upon cancellation, your SMS Marketing services will run through the end of the previously paid billing cycle and will then be disabled. No refunds will be provided after the Effective Date. Please ask your sales representative if you have any questions or concerns.

2. License to Access Club Courses SMS. Upon execution of this Agreement, and for so long as your Service Agreement is in effect and your account is in good standing, you will be granted a revocable, non-transferable, non-sublicenseable, non-exclusive limited license to access the Club Courses SMS software. Your access shall be password protected and you acknowledge that you shall not share your password or otherwise provide access to third parties. You acknowledge and agree that you do not have, nor will you claim any right, title or interest in Club Courses SMS, the platform, software, data, applications, methods of doing business or any other content provided through Club Courses SMS. You may only access Club Courses SMS via a web browser or mobile application. You will not attempt to reverse engineer, alter or modify Club Courses SMS in any way. We may terminate the foregoing license if we determine, in our sole discretion, that you have violated the provisions of this license.

3. Compliance with Laws: Client may not use the Company’s services for any illegal activity including, but not limited to: storage or transmission of information, data or files that violate any United States Federal, State or City law or links to such content. Such information/data includes, but is not limited to: pirated software, copyrighted data, or links to such information/data. Pornography and sex-related merchandising are prohibited on our servers. This includes sites that may infer sexual content, or link to adult content elsewhere. Spamming sites and sites selling or promoting bulk email software, services or addresses are also prohibited. You are solely responsible for complying with all associated laws and regulations in conjunction with your Club Courses SMS account including but not limited to CAN-SPAMM and the TCPA. Further, you are solely responsible for validating and keeping accurate records of your SMS number list, and confirming that all recipients have consented to receive SMS alerts from your business. We may terminate this agreement if it determines, in our sole discretion, that Client has violated this policy.

4. Representations. You represent that (a) you have the power to enter into this Agreement and be bound to its obligations hereunder; (b) the execution of this Agreement by the Client has been authorized by all necessary corporate actions; and (c) upon execution, this Agreement constitutes a legal, valid and binding obligation of Client, enforceable against Client in accordance with its terms.

5. DISCLAIMER OF WARRANTIES. The company provides all services on an “as is” basis, without any warranty of any kind and without any guarantee of continuous or uninterrupted availability. If the services are interrupted or delayed, the company’s sole obligation will be to restore or provide such services as soon as practicable. to the maximum extent permitted by applicable law, the company disclaims all warranties, either express or implied statutory or otherwise, including warranties of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing, course of performance, usage of trade or otherwise. Without limiting the foregoing, the company makes no guarantees with respect to the performance of any product or service.

6. LIMITATIONS OF LIABILTY. The company shall not be liable for any consequential incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of these terms, whether or not the possibility of such damages has been disclosed in advance by client or could have been reasonably foreseen, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to the company for the services sold hereunder.

7. Dispute Resolution: This agreement and its interpretation, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state of Maryland. The parties hereby agree that any dispute that may arise between the Parties, including a breach of any provision in this contract, shall be settled by confidential binding arbitration in Rockville, Maryland by a single attorney. Such arbitration shall be conducted pursuant to the Commercial Arbitration Rules (CARs) of the American Arbitration Association (AAA). The Parties further agree that they may only bring or participate in claims against the other in their respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding.

8. Indemnification. Each Party agrees to indemnify, defend and hold harmless the other Party, its subsidiaries, partners, officers, directors and employees from any and all liability, claims, damages and settlements due to any third party claims or causes of action, including reasonable legal fees and expenses arising out of or related to the indemnifying Party’s material breach of any of its representations or warranties in this Agreement. Client further agrees to indemnify, defend and hold harmless the Company, its subsidiaries, partners, officers, directors, and employees from any third party claims (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to Customer’s breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer). This indemnification includes, but is not limited to, actions arising from CAN-SPAMM and the TCPA. If Customer is a Covered Entity under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Customer waives any Claims it may have against the Company arising out of or in connection with HIPAA requirements and agrees to indemnify and hold harmless the Indemnified Parties against any and all Claims that are related to or arise from failure to comply with HIPAA requirements.

9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. All prior agreements, discussions, representations, warranties and covenants are merged herein. Any amendments or modifications of this agreement shall be in writing and executed by the Parties.

10. Severability. If any provision of this Agreement or the application thereof is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.

11. Survival. The sections labeled Intellectual Property, Confidentiality, Disclaimer of Warranties, Limitations of Liability, Dispute Resolution, and Indemnification are intended to survive the termination, cancellation or expiration of this agreement. Notwithstanding the foregoing, Client remains liable for any amounts due to the Company as of the effective date of termination.

12. Taxes. Unless otherwise stated, the fees do not include any taxes, levies, duties or other similar government assessments of any nature, including but not limited to value-added, sales, use or withholding taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Client is responsible for paying any taxes associated with the purchase of the services hereunder.

13. Headings. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.

14. Nondisclosure. Club Courses shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall not use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Club Courses will never sell, share or contact any of your members for any reason.