Last Updated: October 13, 2022
Please read these Terms of Service (the “Terms”) carefully as this is a legal agreement between you, on behalf of yourself and the and the entity that you represent (collectively, “you”, “your” or “yourself”), and Cowboy Concepts, LLC., d/b/a Drop Cowboy (“Drop Cowboy”, “we”, our” or “us”). These Terms govern your access to and use of our website ( www.dropcowboy.com ) (the “Site”), and our services, software, applications, technology, and the technical and communications platform(s) we make available on and through the Site or our mobile app (collectively, the “Platform”).
By accessing or using the Site, or otherwise accessing, registering for, or using the Platform, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not access or use the Site or Platform. Without these Terms, we would not make the Site or the Platform available to you.
Arbitration & Class Waiver Notice: Except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and us will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
No Emergency Calling: Do not use the Platform or any services, including any telephone numbers to which you have access through the Platform, to call emergency services. You must make alternative communications arrangements to make emergency calls. You acknowledge and agree that the services are not a substitute for a traditional telephone and that you will not use the platform or services to make emergency calls using 911 or through other telephone numbers. Your further agree that you will advise any users of the services that the services do not provide emergency calling functionality.
Auto-Renewal: Your subscription to services auto-renews on a monthly basis, which will result in recurring charges to your payment card each month on the same date of the month as your original purchase. You may cancel the auto-renewal and recurring monthly charges by closing your account within the Platform, by calling us at [ 1-855-550-1992 ] or by emailing us at email@example.com at least five (5) business days prior to the date of the month on which your subscription is scheduled to renew. Any cancellation of the monthly auto-renew is at your option and is without cost or penalty, provided you cancel timely before the next month subscription fees are automatically charged. For additional information, please see Section 5.B. below.
The services offered through the Platform are subject to a number of local, state, federal, and foreign laws, regulations, rules, ordinances, directives and orders or various governments and agencies (“Laws”). WE DO NOT PROVIDE LEGAL ADVICE AND WE MAKE NO REPRESENTATIONS ABOUT THE PLATFORM OR ITS ABILITY TO COMPLY WITH THESE LAWS. YOUR USE OF THE PLATFORM DOES NOT ENSURE YOUR COMPLIANCE WITH THESE LAWS.
IT IS YOUR RESPONSIBILITY ALONE TO ACCESS AND USE OUR SITE AND PLATFORM AND THE SERVICES AVAILABLE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, PALLONE-THUNE TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT (TRACED ACT), THE TELEMARKETING SALES RULE (TSR), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING (CAN- SPAM) ACT OF 2003. AS FEATURES AND FUNCTIONS OF THE PLATFORM, AND SERVICES AVAILABLE THROUGH THE PLATFORM CHANGE, YOU MUST EVALUATE WHETHER AND HOW YOU CAN USE SUCH FEATURES AND FUNCTIONS, INCLUDING ANY SETTINGS AND ACCOUNT PREFERENCES, TO ENSURE COMPLIANCE WITH LAWS. AS AN EXAMPLE, THE PLATFORM MAY ALLOW YOU TO CALL MULTIPLE LINES SUCH THAT YOU MUST ENSURE THAT YOU DO NOT ASSIGN LINES FROM THE SAME BUSINESS TO SIMULTANEOUS CALLS IN VIOLATION OF LAWS.
WE MAKE NO REPRESENTATION ABOUT WHETHER THE PLATFORM IS OR MAY BE CONSIDERED AN “AUTOMATED DIALING SYSTEM” OR WHETHER USING THE PLATFORM IS OR MAY BE CONSIDERED INITIATING OR MAKING A CALL AS CONTEMPLATED BY THE TCPA OR SIMILAR LAWS. YOU SHOULD CONSULT YOUR LEGAL COUNSEL FOR SUCH A DETERMINATION. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS TAKEN BY OR UNDER YOUR ACCOUNT AND ANY VIOLATIONS OF APPLICABLE LAWS THAT MAY OCCUR IN CONNECTION WITH YOUR ACCOUNT OR USE OF THE SITE OR PLATFORM BY YOU OR YOUR PERSONNEL. YOU REPRESENT AND WARRANT THAT YOU WILL COMPLY AT YOUR EXPENSE WITH ALL LAWS THAT APPLY TO YOU OR YOUR BUSINESS OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, TRACED ACT, TSR, TCPA, AND CAN-SPAM.
Drop Cowboy maintains a no-tolerance policy toward spam and your use of the Platform to send spam may result in termination of your account and access to the Platform. You acknowledge and agree that you have sole responsibility for obtaining any consents for all phone numbers that you upload and contact through the Platform and for complying with any terms and/or conditions that may govern the consent you received to contact these phone numbers.
You have the right and ability to cancel or otherwise upgrade/downgrade your subscription to the Platform at any time using the functionality available in your account settings. In the event that you cancel a subscription in the middle of your Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term.
We reserve the right to suspend or terminate your account or access to the Site or Platform at any time, at our sole discretion and without prior warning, (1) if we reasonably believe you or your account activity violates these Terms or applicable Law, (2) you are investigated by any law enforcement or regulatory agency, (3) if you fail to make any payments when due or your credit or debit card fails to process, (4) if you become subject to any petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (5) if we believe that your account activity creates any security threat or vulnerability to Drop Cowboy or our network, Platform or any third party or is otherwise harmful to the interests of Drop Cowboy.
No fees will be refunded in the event of any suspension or termination and any such suspension or termination will not otherwise affect your obligations to us under these Terms. At a minimum, to the extent permitted by applicable laws, we will provide you notice of any such suspension or termination following the same.
We receive a "normal" SIP hangup cause from the phone subscriber;
You are responsible for all third party contact information, messages, data, text, video, photos, audio and all other materials and information (including personal information of your users and contacts) that you upload to the Platform or is uploaded via your account (collectively, “Your Content”). As between you and us, you retain ownership of any proprietary or intellectual property rights that you hold in Your Content. You grant us a limited, non-exclusive, worldwide, sublicensable, royalty-free license, during the Subscription Term to reproduce, copy, display, transmit, share and otherwise use Your Content as necessary for our operation of Platform and provision of the services. You are solely responsible for maintaining backups and records of Your Content. We are not your system of record and have no liability or responsible for any loss or destruction of Your Content. You must maintain copies of all records required by Laws. You may download limited portions of Your Content at any time from the Platform. Upon your reasonable request, we can provide a download of Your Content to you in a form and format we reasonably select, subject to your payment of our then-current time and materials fees.
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are your service provider and, with the exception of Usage Data as set forth below, only use Your Content for the provision of services to you under these Terms. We do not “sell” Your Content as contemplated by the CCPA. Upon your written notice to us, we will reasonably cooperate with you as required by the CCPA to respond to a consumer’s request to exercise rights under the CCPA and will request the same of our subcontractors. If any consumer requests under the CCPA are received by us, we will forward such request to you and direct the consumer to contact you directly.
Activities that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, libelous, defamatory, scandalous, or abusive, or that violate any right of any third party, or are otherwise objectionable;
Storage or transmission of infringing, libelous, or otherwise unlawful or tortuous material, or material in violation of third-party privacy rights;
Pornography, sexual products, otherwise sexually explicit material, or escort services;
Illegal drugs or drug contraband;including CBD, or Hemp
Alcoholic beverages, especially any promotion of alcohol to persons under twenty-one (21) years of age;
Pirated computer programs, viruses, worms, Trojan horses, or other malicious or harmful code;
Instructions or materials for the assembly of bombs or other weapons;
Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor);
Material that displays any person under eighteen (18) years of age in an illicit or otherwise exploitative manner;
On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under eighteen (18) years of age;
Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including, but not limited to, online and direct pharmaceutical sales (e.g., health and sexual well-being products), work- at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, claims for unknown moneys or prizes, claims to recover lost money, and odds-making, sweepstakes, contests and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events);
Fraudulent, spoofed, untruthful, false or misleading advertising or commercial messaging, including without limitation those that exploit any pandemic, epidemic, or national emergency, such as COVID-19-related calling campaigns or "robocalls";
Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including, but not limited to, “get rich quick,” “build your wealth,” and “financial independence” offerings;
Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence;
Any product or service related to death (e.g., mortuaries and cemeteries);
Any product or service that is unlawful where such product or service or promotion thereof is received;
Images of authors, artists, photographers, or others without prior express written consent form the content owner or other content that violates or misappropriates the intellectual property or proprietary rights of any third party;
Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier;
Any actual or attempted phishing scheme, including without limitation those to gain access to personal information under false pretenses (such as IRS claims or refunds, money reclamation schemes, false debt collection attempts, or false litigation threats); or
Any mention of medicare or any related representation
Any debt recovery, lost funds or related industries
Any political attack messages such as activities that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, libelous, defamatory, scandalous, or abusive, or that violate any right of any third party, or are otherwise objectionable;
Any other content, products, or services that Drop Cowboy finds reasonably objectionable.
You represent and warrant that the owners of the phone numbers to which you add to the Platform or to whom you transmit messages, call, or otherwise contact through the Platform (1) are not listed on any applicable Do Not Call Registry(s) and (2) have expressly consented or otherwise opted-in to the receipt of such messages as required by applicable Laws. You must maintain records and other proof of such consents and opt-ins from each contact for four years from the date of each message you send through the Platform and provide us with proof of such consents and opt-ins as we may request as further contemplated by Section 8.F.
You represent and covenant that you will not access or otherwise use any third- party list of phone numbers or otherwise engage in unsolicited messaging using the Platform in violation of applicable Laws. Additionally, you agree not to send messages to your contacts beyond the frequency represented in any disclosures or terms you have with such contacts.
You warrant and covenant that any message through the Platform must represent truthfully your identity, the identity of your organization, your product or service, availability of goods or services, pricing, benefits, and any other offering aspects in your messaging.
You represent, warrant, and covenant that any individuals requesting “Do-Not- Call” (“DNC”) status or otherwise requesting that you cease further communications with them will immediately be placed on your DNC list and you will not initiate any subsequent messages to any individuals after they make a DNC or other opt-out or stop request. Drop Cowboy has no responsibility to process or notify you of any DNC or opt-out requests even if such requests are conveyed to you from your contacts via the Platform or numbers made available to you via the Platform. It is solely your obligation to monitor your account to implement such DNC and opt-out requests.
You represent, warrant and covenant that you will comply with all Laws as well as general industry best practices governing Your Content or promotion type and messages sent via the Platform.
THE PLATFORM AND SITE, AND ALL SERVICES ACCESSIBLE THROUGH THE SAME, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. NO THIRD PARTY IS PERMITTED OR AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR COVENANT WITH RESPECT TO THE SITE, PLATFORM, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DROP COWBOY AND ITS SUBSIDIARIES AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, AND licensors (COLLECTIVELY, THE “DROP COWBOY PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, SECURITY, AVAILABILITY, AND FREEDOM FROM COMPUTER VIRUS.
THE DROP COWBOY PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SITE OR SERVICES AVAILABLE VIA THE SAME WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, PLATFORM, OR THE NETWORK OR INFRASTRUCTURE THAT MAKES THE SERVICES, SITE, PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, including, WITHOUT LIMITATION, VIRUSES. THE DROP COWBOY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE OR PLATFORM IS AT YOUR SOLE RISK. DROP COWBOY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION OR WILL ALLOW YOU TO COMPLY WITH THE LAWS OF ANY JURISDICTION AND DROP COWBOY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
DROP COWBOY PARTIES DO NOT WARRANTY, GUARANTEE, OR REPRESENT THAT YOU WILL RECEIVE ANY PARTICULAR RESULT FROM USE OF THE SITE, PLATFORM, OR THE SERVICES AVAILABLE ON EITHER. IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE, PLATFORM, SERVICES OR ANY RESULTS OF THE SAME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE SAME, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.