TERMS AND CONDITIONS

Last Updated: February 15, 2024

Faith & Flag Media, LLC, d/b/a DonorTraffic

Faith & Flag Media, LLC, d/b/a DonorTraffic (“DonorTraffic,” “we,” “us,” or “our”) welcomes you to our website and any related application-to-person (“A2P”) communications, including SMS/MMS sent via 10-Digit Long Code (“10DLC”) channels (collectively, the “Site”). PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY; THEY FORM A LEGALLY BINDING CONTRACT BETWEEN YOU (“you” or “User”) AND DONORTRAFFIC REGARDING YOUR ACCESS TO AND USE OF THE SITE AND ANY PRODUCTS OR SERVICES WE PROVIDE (the “Services”).

BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

1. Definitions

Term	Meaning
“Content”	All text, graphics, logos, audio, video, data, code, or other material on or transmitted through the Site.
“User Content”	Any Content that you, or other Users, upload, post, transmit, or otherwise make available through the Site.
“Agreement”	These Terms, the Privacy Policy, and any additional terms we present to you when you engage with specific Services.

2. Eligibility & Account Registration

Age
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering binding contracts to use the Site.

Accuracy of Information
You represent that all information you provide during registration or otherwise is truthful, accurate, and current, and you agree to update it promptly if it changes.

Account Security.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

3. License & Acceptable Use

Limited License.
We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Site and Content solely for your lawful, internal purposes and strictly in accordance with these Terms.

Prohibited Conduct. You agree not to:

Violate any applicable law or regulation;
Infringe or misappropriate any intellectual-property or proprietary right;
Upload or transmit viruses, malware, or other malicious code;
Interfere with or disrupt the Site’s operation or any User’s enjoyment of it;
Use the Site to send unsolicited or unauthorized advertising (“spam”);
Reverse-engineer, decompile, or attempt to extract source code from the Site or Services;
Harvest or collect information about other Users without their consent.

Retention of Rights.

Except for the limited license expressly granted to you, we reserve all rights, title, and interest in and to the Site, Content, and Services.

4. User Content

Responsibility.
You retain ownership of your User Content, but you grant DonorTraffic a worldwide, royalty-free, sublicensable, transferable, non-exclusive license to host, store, reproduce, modify (solely for formatting/display), publish, and otherwise use your User Content to operate and improve the Site and Services.

Representations.
You represent and warrant that you own or have all necessary rights to post your User Content and that its posting does not infringe any third-party right or violate any law.

Monitoring & Removal.
We may, but are not obligated to, monitor, moderate, or remove any User Content at our sole discretion.

5. Purchases, Subscriptions & Payments

Pricing & Taxes.
All prices are in U.S. dollars unless stated otherwise and are exclusive of applicable taxes. You are responsible for all taxes, duties, and governmental fees.

Payment Processing.
Payments are processed through third-party processors. You authorize us to charge your designated payment method for all amounts due. We do not store full card details.

Automatic Renewal.
If you purchase a subscription Service, it will renew automatically at the then-current rate unless you cancel before the renewal date.

6. SMS/MMS (A2P 10DLC) Communications

Your use of our SMS/MMS programs is governed by Section 5 of our Privacy Policy, incorporated herein by reference. Key points: opt-in required, message frequency varies, message & data rates may apply, and you may text STOP to opt out at any time.

7. Intellectual Property

All trademarks, logos, and service marks displayed on the Site are DonorTraffic’s property or the property of third parties. You may not use them without prior written permission. All Content is protected by U.S. and international copyright laws; unauthorized use is prohibited.

8. Third-Party Links & Services

The Site may contain links to third-party sites or integrate third-party services. We do not control, endorse, or assume responsibility for any third-party content or practices. Your interactions with third-party sites and services are solely between you and the applicable third party and are governed by their terms and policies.

9. Disclaimer of Warranties

THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONORTRAFFIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DONORTRAFFIC OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION), ARISING FROM OR RELATED TO THE SITE, SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless DonorTraffic, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Site or Services; (c) your violation of any law or the rights of a third party; or (d) your User Content.

12. Modifications to Terms or Site

We may update these Terms or modify/discontinue the Site or any part of the Services at any time in our sole discretion. We will post the revised Terms on the Site and update the “Last Updated” date above. Continued use after the effective date constitutes acceptance of the revised Terms.

13. Termination

We may suspend or terminate your access to the Site or Services immediately, with or without notice, if we believe you have violated these Terms or applicable law. Sections 4–15 survive any termination.

14. Dispute Resolution & Binding Arbitration

Governing Law.
These Terms are governed by the laws of the State of Indiana, U.S.A., without regard to conflict-of-law principles.

Informal Resolution.
Before commencing arbitration, you and we agree to attempt to resolve any dispute informally for at least 30 days. Start the process by sending written notice to the address in Section 15.

Arbitration.
If we cannot resolve the dispute informally, it shall be settled exclusively by binding arbitration in Indianapolis, Indiana, before the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. YOU AND DONORTRAFFIC EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Equitable Relief.
Nothing in this Section prevents either party from seeking interim injunctive or equitable relief in court to protect its confidential information or intellectual-property rights.

15. Notices & Contact

All legal notices must be sent by certified mail (return receipt requested) or by a nationally recognized overnight courier to:

Faith & Flag Media, LLC d/b/a DonorTraffic

ATTN: Legal Department – Registered Agents Inc

30 N Gould St, Ste R

Sheridan, WY 82801, USA

Phone: (307) 200-2803

Email: support@registeredagentsinc.com

Email/phone notice alone is not sufficient for legal purposes.

16. Miscellaneous

Entire Agreement.
These Terms constitute the entire agreement between you and DonorTraffic regarding the Site and supersede any prior agreements.

Severability.
If any provision is held unlawful or unenforceable, the remaining provisions remain in full force.

No Waiver.
Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment.
You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Headings.
Section headings are for convenience only and do not affect interpretation.