TERMS OF USE

Drastic Impact Review Program Terms of Service

You agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses arising out of or in connection with your participation in this program.

We reserve the right to modify or terminate this program at any time without notice.

This program is governed by the laws of the State of South Carolina.

By participating in this program, you agree to these terms of service:

Program Description: The Drastic Impact Review Review Program is a program that we use to periodically send out messages via text messages or emails asking for your clients and their users to provide feedback on services provided.

Frequency of Service: We will only send out up to one message per month.

Company Opt-Out Instructions: You can opt out of this program at any time by contacting our company at https://drasticimpact.com/contact/ or calling our phone number at (864) 860-1958

Program Opt-out Instructions: You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Customer Support Information: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at (864) 860-1958. If you have any questions about this program, please contact our customer support team at support@drasticimpact.com or call (864) 860-1958

Carrier Information: We utilize ATT and Verizon, and Rep.co services to implement our Program. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Privacy Policy: Please see our Privacy Policy for more information about how we collect and use your personal information: drasticimpact.com/privacy/

Drastic Impact Digital Services Terms and Conditions: You agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses arising out of or in connection with your participation in this program.

We reserve the right to modify or terminate this program at any time without notice.

This program is governed by the laws of the State of South Carolina.

By participating in this program, you agree to the below terms of service. Also, by participating on our website or as a client or in any capacity you agree to the below terms and conditions:
1. Terms
   By accessing any Drastic Impact services, including all website functionality, published content and third-party services provided for clients, you are agreeing to be bound by these policies, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Sub-contracting Rights
   Drastic Impact reserves the right to assign subcontractors to services to ensure the right fit for the job as well as on-time completion. Services such as copywriting and programming are routinely assigned to subcontractors with relevant experience to the current project.
3. Disclaimer
   The service provided “as is”. Drastic Impact makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Drastic Impact does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked. The service provided “as is”. Drastic Impact makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Drastic Impact does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked. All content written and submitted to Client may be published and/or distributed by Client as the Client sees fit, using any name they deem suitable, provided that attribution be vetted with the individual before publishing. Drastic Impact agrees to use reasonable care to ensure that all facts and statements in content are true and that the content does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party. It remains the Client’s discretion and responsibility to use or not use the submitted content, and any liability resulting from article is the sole responsibility of the Client, not Drastic Impact. Client agrees to give Drastic Impact assumption rights when producing content, including the selection of facts, ideas and artwork. Client agrees to provide current version and access to WordPress for each instance where a post will be made on behalf of client. Technical limitations when accessing or formatting content are not the responsibility of Drastic Impact and all reasonable technical changes will be made by client to prevent obstacles when posting on behalf of the client.
4. Limitations
   In no event shall Drastic Impact or its suppliers, third-party vendors or custom software be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the software or services provided by Drastic Impact, even if Drastic Impact or a Drastic Impact-authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The client agrees to indemnify and hold Drastic Impact and its third parties harmless against any and all claims, costs, and expenses, including attorney’s fees, due to activity pertaining to services provided. The client represents and warrants to Drastic Impact that to the best of the client’s knowledge, use of the client content and intended functionality does not infringe the rights of any third party. Drastic Impact represents and warrants to the client that to the best of Drastic Impact’s knowledge, the deliverables will not violate the rights of any third parties. Drastic Impact, Inc. does not take liability for the protection of individuals, groups, organizations, businesses, spectators, or others who may visit the client’s website, social media posts or other Internet activity, and utilize the services, information, links or communication tools herein. In consideration for the “go live” for the website and external postings by the client, the client hereby release and forever discharge Drastic Impact and its employees from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by using the website or external postings. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known or not known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
5. Revisions and Errata
   The materials appearing in support documentation include technical, typographical, or photographic errors. Drastic Impact does not warrant that any of the materials are accurate, complete, or current. Drastic Impact may make changes to the software and materials at any time without notice. Drastic Impact does not, however, make any commitment to update the software or materials.
6. Links and 3rd Party Modules and Plugins
   Drastic Impact has not reviewed all of the sites, 3rd Party Modules and Plugins linked to its services and is not responsible for the contents of any such links. The inclusion of does not imply endorsement by Drastic Impact of the site or services. Use of any such service is at the user’s own risk.
7. Terms of Use Modifications
   Drastic Impact may revise these terms of use at any time without notice. By using services provided by Drastic Impact you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
   Any claim relating to Drastic Impact shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only in writing agreed upon by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of South Carolina and courts of such state shall have exclusive jurisdiction and venue.
9. Reservation of Rights
   Any website and digital service acciybts shall be and remain the possession of Drastic Impact and its third parties until the client makes payments on outstanding invoices. Drastic Impact reserves the right to turn off the websites and digital services and withhold access to content if payment is more than one month late, regardless of whether a “Termination Letter” has been sent. Until full payment is received for outstanding invoices, Drastic Impact retains full custody of all materials developed for a client. Upon full payment and within 1 month of termination, Drastic Impact will release website and digital services to client. Client has 30 days after issuance of “Termination Letter” to make payment of debts and to access the website and digital services, after which time website and digital services will be deleted and no access will be available. Proprietary property, modules, designs, PHP and Plugins are never considered the possession of client unless specifically indicated within a contract. Drastic Impact retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
10. Termination
    Any Agreement shall continue until the agreement between you, the client or end user, and Drastic Impact or an authorized third party, whichever is applicable, terminates by mutual agreement. A minimum three-month charge (up to 12 months unless otherwise agreed upon) may be billed to client if less than 90 days prior notice is given by client to terminate service with Drastic Impact. Client agrees to pay in whole any fees that fall outside of written agreements, including verbal and email contracts for service. Drastic Impact and its Third Parties may if it determines, in its sole discretion, terminate any agreement if the client or end user has violated any provision of their contract or agreement. Upon termination for any such reason, all rights granted herein shall immediately cease and the client or end user shall immediately end all use of the Services. Additionally, the client or end user shall immediately return all originals and copies of any Drastic Impact and Third Party confidential, property, information, including all documentation, manuals, instructions and other information associated with the services.
11. Service Maintenance Windows
    Drastic Impact and its representatives reserve the right to service Drastic Impact-maintained services in situations requiring emergency maintenance, upgrades or other seen or unforeseen circumstances. Drastic Impact reserves 5:00 pm – 6:00 pm Eastern Time (ET) for servicing client services or end user services or any other time if necessary. Every effort will be made to arrange the service maintenance window during non-business hours. Drastic Impact is not responsible for business disruptions during this time. Drastic Impact reserves the right to revert the website and digital services to a previous iteration for the purpose of restoring functionality, which may result in the loss of information. Every effort will be made to minimize negative impact.
12. Confidentiality
    All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. Drastic Impact and client or end user guarantees that information shared during the development of a project will not be distributed, discussed or otherwise shared with any other parties unless Drastic Impact or client or end user is required to do so by court order.
13. Copyrights and Trademarks
    Clients and end users unconditionally guarantee to Drastic Impact that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Drastic Impact for inclusion in the materials is owned by the client, or that the client has permission from the rightful owner to use each of these elements.
14. Ownership Rights
    Until full payment is received, DrasticImpact.com retains full ownership of all materials developed under a project proposal. Upon full payment, Client assumes all ownership rights of all materials developed. DrasticImpact.com retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
15. Password Security and Third-Party Management
    From time to time Drastic Impact may utilize usernames and passwords for the purpose of servicing the Client’s website, social media accounts or other software service. Drastic Impact agrees to protect the confidentiality and security of any shared passwords during the term of a contract. It is the client’s responsibility to update confidential information frequently, using password security protocols and that will prevent the compromise of accounts. At no time does Drastic Impact take responsibility or liability in the event a password or account is compromised regardless of their administrative access to those accounts.