• (a) Neither DartPoints nor the participating carriers guarantee that messages will be delivered. DartPoints may discontinue the program at any time without notice.
• (b) You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
• (c) You acknowledge and agree that you may need to unenroll a texting number used for multi-factor authentication on our web portal, and cannot do so in a more traditional fashion.
• (d) You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.

You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site Materials or any portion thereof, including the Site; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Site Materials (including images, text, page layout or form) of DartPoints; (c) you shall not use any metatags or other “hidden text” using DartPoints’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site Materials. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of DartPoints, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

As a part of the Site Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for DartPoints to monitor such materials and that you access these materials at your own risk.Copyright Complaints

• If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
• Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
• Full Address of Designated Agent to Which Notification Should be Sent to: Vantage Legal PLLC
• Telephone Number of Designated Agent: 202-743-0858
• E-Mail Address of Designated Agent: [email protected]
• Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

DARTPOINTS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE DARTPOINTS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, DARTPOINTS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

DARTPOINTS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DARTPOINTS AND YOU.

Except for small claims disputes in which you or DartPoints seeks to bring an individual action in small claims court located in the county of your billing address, you and DartPoints waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against DartPoints you agree to first contact DartPoints and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to DartPoints by email at [email protected]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and DartPoints cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Washington, DC unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section, a “consumer” means a person using the Site for personal, family or household purposes. You and DartPoints agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and DartPoints agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, DartPoints, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.You and DartPoints agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and DartPoints will pay the remaining JAMS fees and costs. For any arbitration initiated by DartPoints, DartPoints will pay all JAMS fees and costs.

You and DartPoints agree that the courts of the state of Texas and of the United States sitting in the state of Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and DartPoints will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by emailing us at [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

If any portion of this Arbitration section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

With respect to any text programs offered by DartPoints, DartPoints’ platform provider is a third-party beneficiary of the foregoing arbitration, class action, and jury waiver provisions.