WELCOME TO KELLEY DIGITAL SYSTEMS LLC's

TERMS AND CONDITIONS

1. Introduction

Welcome to Kelley Digital Systems LLC ("we", "us", "our"). We provide a marketing software that uses SMS and email communications for marketing ("Service"). These Terms and Conditions govern your use of our Service, so please read them carefully.

2. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and Conditions, as well as any additional guidelines, policies, or future modifications. If you do not agree to these terms, please do not use our Service.

3. User Responsibilities

You are responsible for all activity under your account. You agree to comply with all applicable laws and regulations, including Application-to-Person (A2P) messaging rules and regulations.

4. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

5. Service Usage

You may not use our Service for any illegal or unauthorized purpose. You agree not to disrupt, interfere with, or compromise the security of our Servic

6. Communication Consent

By using our Service, you consent to receive communications from us via SMS and email. You affirm that you have the necessary rights to receive such communications.

7. Termination

We reserve the right to terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason whatsoever.

8. Limitation of Liability

In no event shall Kelley Digital Systems LLC be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Service.

9. Changes to Terms

We may modify these Terms at any time. If we make changes, we will notify you by revising the date at the top of these Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at: [insert contact information].

These Terms and Conditions were last updated on [2/25/2024]

These terms and conditions outline the rules and regulations for the use of Kelley Digital Systems LLC's website.

Kelley Digital Systems LLC
Contacted at: [email protected]

is located in: Odessa, Tx

Phone: (432)220-3322

By coming on board with Kelley Digital Systems LLC you accept these terms and conditions in full.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person or business coming on board with Kelley Digital Systems LLC, and
accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

“Intellectual Property” means all intellectual property rights of whatsoever in nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for the registration thereof.

“Product” of “Service” means any deliverables by Kelley Digital Systems LLC.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law.

Kelley Digital Systems LLC maintains its website as a service to the internet community.
Access to and use of www.kelleydigital.systems
is subject to the terms and conditions set forth herein and all applicable laws. Kelley Digital Systems LLC may revise these terms and conditions from time to time by updating this posting.

www.kelleydigital.systems
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

LICENSE

Unless otherwise stated, Kelley Digital Systems LLC and/or its licensors own the intellectual property rights for all material owned by Kelley Digital Systems LLC. All intellectual property rights are reserved. You may view and/or print pages from
www.kelleydigital.systems
for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from Kelley Digital Systems LLC. Sell, rent or sub-license material from Kelley Digital Systems LLC. Reproduce, duplicate or copy material from Kelley Digital Systems LLC

Redistribute content from Kelley Digital Systems LLC. (unless content is specifically made for redistribution).

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site.

We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Kelley Digital Systems LLC and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence; 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 exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that 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.

EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under any contract with you that is cause by events outside of our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Events to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.

CONTACT

The first point of contact for the “Client” is the Business Development Manager;

Bess Kelley

For any enquiries and ongoing communication, the “Client’s” main point of contact will be their assigned Account Manager.

Any outstanding invoices will be going through

Kelley Digital Systems LLC’s Accounts department.