Terms Of Use And Conditions Of Sale

TERMS OF USE & CONDITIONS OF SALE

Last Updated: 2/12/2024

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://www.betwext.com/, including any sub-domains thereof, affiliated websites , and mobile applications (collectively, the “Website”), which are owned and maintained by Betwext, LLC.   (“Betwext,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.  Please read our terms carefully.  We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page: https://betwext/terms-of-use-and-conditions-of-sale/.  We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

Overview

Table of Contents

1. Website Use
2. Privacy and Security Disclosure
3. General Conditions and Website User Conduct Restrictions
4. No Investment Recommendations or Professional Advice 
5. Securities & Investing Disclosure; Hypothetical Performance Results Disclosure; Trade Alerts Disclosure
6. Modifications to the Website and Prices
7. Account Registration
8. User Communications
9. Order Placement and Acceptance; Subscription Billing Disclosure
10. Refund Policy
11. Payment 
12. Social Media
13. Digital Millennium Copyright Notice
14. DISCLAIMER OF WARRANTIES
15. DISCLAIMER OF LIABILITIES
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
17. Indemnification
18. Third-Party Websites and Links
19. Testimonials, Reviews, and Other Submissions
20. Electronic Communications 
21. Assignment 
22. No Waiver 
23. Severability 
24. Termination
25. Entire Agreement 
26. Questions or Additional Information

TERMS OF USE AND CONDITIONS OF SALE

1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. Privacy and Security Disclosure

Betwext’s Privacy Policy may be viewed here. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. General Conditions and Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it. 

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Betwext reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Betwext’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Betwext may take any other actions necessary in this regard or seek any remedies permitted by law.

When sending SMS and MMS messages in the U.S., please be aware that carriers have implemented new fees for sending non-compliant traffic across their network. These fees, if assessed by will be passed through by Betwext to our customers for any non-compliant traffic sent.

Please reference our United States SMS Guidelines  https://www.twilio.com/en-us/guidelines/us/sms for more information.

What do you need to do?

Ensure the messages you are sending comply with  T-Mobile’s Code of Conduct and Twilio‘s Messaging Policy  and other services Betwext utilizes as an ISV through Twilio.  For more information, refer to Twilio’s Support Article: A2P 10DLC Carrier Penalties for Non-Compliant Messaging and CTIA’s Best Practices, and adopt these industry standards into your messaging operations.

All industries require you to pass mandatory carrier registration and Forbidden Industries will may not be approved by the carriers: High-Risk Financial Services • Payday Loans • Non-Direct Lenders • Debt Collection Debt Forgiveness • Debt Consolidation • Debt Reduction • Credit Repair Programs Illegal Substances • Cannabis • Illegal Prescriptions Work & Investment Opportunities • Work from Home Programs • Job Alerts from 3rd Party Recruiting Firms • Risk Investment Opportunities Other • Gambling • Any other illegal content • Lead generation indicate the sharing of collected information with third parties • Campaign types are not in compliance with the recommendations of or prohibited by the CTIA Short Code Monitoring Handbook, Version 1.7, or later. • Campaign types not in compliance with the recommendations of or prohibited by the CTIA Messaging Principles and Best Practices – 2019 version.

U.S. telecommunications providers may assess fees for non-compliant A2P traffic, and Betwext will pass these fees onto you. To date, T-Mobile is the first U.S. telecommunications provider to announce non-compliance fees for violations of T-Mobile’s Code of Conduct. Betwext’s gateway – Twilio will update these guidelines accordingly if/when additional U.S. telecommunications providers announce non-compliance fees. Betwext will in turn update this information for Betwext’s customers.

T-Mobile non-compliance fees are as follows:

• 10DLC Long Code Messaging Program Evasion: A $1,000 pass-through fee if a program/campaign is found to be using techniques such as snowshoeing, or unauthorized number replacement/recycling.
• Content Violation: After prior warning, a $10,000 pass-through fee may be imposed for each unique instance of content violating the T-Mobile Code of Conduct involving the same sender/content provider. This includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.

Other fees and registration requirements may be required and communicated to Betwext users at any time.

Our short code users can Text HELP to 99888 for support or call 480-699-3360, or email support@betwext.com. Msg&Data Rates May Apply.

1. Restrictions: If you have purchased or utilize a short code through Betwext, then you have to indicate how you are going to use it and you may not change this use without Betwext’s approval. We’ll approve a change if we can, but it’s not always up to us. If the short code number assigned to Betwext needing to change we are not responsible for any lost data or advertising losses on your end. In this case we may offer you a new short code number that and allow for similar keywords and services.  If you don’t use the Betwext numbers in your account, we can reclaim them, although we will tell you before we do. Please note the shared short code option (for an additional fee) is only available in the United States (will only work with US numbers).

2. You must now promise to comply with all export laws and regulations.

3. Affiliates: We have modified our affiliate offerings on the affiliate tab in your platform.

4. Suggestions and Contributions: Please tell us what you think of our services, send us suggestions about improvements and additions, but please understand that we can use your feedback free of charge or any other obligations.

5. Beta Service: If you use any of our services while they are in a beta stage, you understand that they may have some bugs that still need to be worked out.

6. Please carefully review our arbitration policy because they limit our liability to you if something goes wrong. Also, if we get into a dispute, we’ll have to figure it out in arbitration.

7. We are not a data storage company. So we don’t promise to keep or store your data on Betwext. In fact, we might have to disclose your data if: The law requires, we need to protect Betwext, other customers or the public, or there is an emergency. In your use of our software and / or services, you will upload or otherwise provide contact information or contact lists, often including Names, Phone numbers, email addresses and other information. We acknowledge your ownership rights in such contact lists and contact information. We will never use, sell, or rent your contact lists to anyone without your permission.

8. If you buy a short code through us, or utilize our shared short code 99888 (US only), or long code numbers only use them how you said you would use it. And be sure you stay Don’t use Betwext to break the law, to violate these terms, to violate any Federal, State or Provincial Laws, or to violate someone else’s rights. Do make sure that Betwext is allowed to use your data as needed to provide you the service.  We have the right to ask you further business verification questions and may choose to disable your account and refund your subscription in full if we determine your account in any way does not align with our terms of service.
9. If you don’t send enough traffic on a phone number, or short code then we may have to take it back or remove the keywords associated with said number(s). This is because some states require a minimum amount of use for each phone number. If the minimum isn’t met, they take back those numbers so that they can give to someone else who’s going to actually use them. This is definitely a big deal in regions that are running out of phone numbers with certain area codes.

Technically, Betwext is the “customer of record” for the phone numbers we give you. We cannot  let you “port away” a phone number or short code.

10. You must follow U.S. export and economic sanctions laws. Also, the U.S. government publishes lists of people that U.S. companies aren’t allowed to do business with. If you use Betwext, then you are swearing that neither you nor your company is on any of those lists.

11. Generally speaking, we are not going to owe you for any bad things that might indirectly result from Betwext not working as intended, like lost business. Any direct damages we might owe you are capped at the amount you’ve paid us in the 12-month period prior to the damages.

12. You may not to use Betwext to call for emergency services. If something bad happens because you or someone using Betwext under your account tries but is unable to reach emergency services, then Betwext is not and cannot be held responsible.

13. Agreement to Arbitrate

Please, please, please reach out to our Customer Support Team (they’re amazing!) before bringing a legal case.

Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.

If our Customer Support Team can’t help you, then we both agree to go to binding arbitration.

Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury deciding the case.

-We Both Agree to Arbitrate. If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and Betwext and any of Betwext’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in Phoenix, Arizona, or in another location that we have both agreed to.

This applies to all claims under any legal theory, unless the claim fits in one the exceptions (Exceptions to Agreement to Arbitrate below). It also applies even after you have stopped using your Betwext account or have deleted it. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Exceptions to Agreement to Arbitrate. You and your affiliates on one hand, and Betwext and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:

Your, your affiliate’s, Betwext’s or Betwext’s affiliates intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

Your violation of Betwext’s Use Policy.

Also, any of us can bring a claim in small claims court either in Phoenix, Arizona, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

If we arbitrate, then we’ll do it through the American Arbitration Association (AAA). Before we even arbitrate, though, we’ll try mediation with a AAA mediator. If mediation doesn’t work, then we’ll go to arbitration through AAA with only one arbitrator (one is so much easier). And remember, the arbitrator’s decision will be final and binding.

Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Arizona and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

Class Action Waiver. Both you and your affiliates, on one hand, and Betwext and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor Betwext and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Betwext customers, and cannot be used to decide other disputes with other customers.

If a court decides that this section (Class Action Waiver) is not enforceable or valid, then the entire Section  (Agreement to Arbitrate) will be null and void (i.e., go away). But, the rest of the Terms will still apply.

URL for Customer Info: betwext.com, givingtext.org

Customer Care E-Mail: support@betwext.com

The mobile carriers are not liable for delayed or undelivered messages. Participating Carriers include: Ntelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or replying STOP to end to our text messages.

Betwext is not responsible for lost or undelivered messaging. Factors often out of our control such as: Poor Signal, Network congestion, Carrier Outage, Low Battery, Device out of service range, Device turned off, Plan blockages and other outside factors are ones in which Betwext is not liable for. No refunds will be assessed for lost or undelivered messages.

Contact us By Mail

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

By Email: info@betwext.com

By Phone: 480-699-3360

Description of Service

Betwext (“Betwext Service website”) is providing Member with services that consist of a communication application, web based browser interface, SMS platform, SMS gateway, data encryption, transmission, storage and access of data. Member must provide (1) all equipment necessary for their own Internet connection and SMS service, including computer, network connection, and cellular device and (2) provide for Member’s access to the Internet and a valid cellular carrier, and (3) pay any fees related with such connections.

Betwext, Betwext Partners, Affiliates and Members SMS Terms of Service

1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
2. You can cancel the SMS service at any time. Just text the single word “STOP”. 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.

3. If at any time you forget what keywords are supported, just text “HELP”. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to help@betwext.com

6. If you have any questions regarding privacy, please read our privacy policy http://www.betwext.com/privacy/
7. By using Add-ons you agree to White Pages and Betwext’s Terms of Service and Privacy Policies. Add-ons are supported and published by Whitepages, Next Caller, and other select Betwext partners. When you agree to upload or to pull information from your list and have access to any of these Add-on Betwext shares the data required for the Add-on to operate with the intended Publisher. Please continue with the check box to accept the Terms of Service in order to start using these services. The records displayed in this report may or may not actually belong to the person you searched for, especially if the person you searched for has a common name. Records may also include incorrect, partial, or outdated data. Please always use caution with respect to the information in these reports. By clicking the buttons to pull data you are accepting the Terms of Service and agreeing to the published price per pulled record as listed by Betwext.

In order to use the software.  The following information is required per a check box prior to sending campaigns.

“I agree that by continuing to send and keeping the above box checked, my subscribers have explicitly opted-in to receive text message marketing from me and/or my company. I have also disclosed to my clients that they may receive communication from singular (Betwext plans) or my multiple (pooled or rotated) Betwext Pro plan numbers on each send. I further agree to include my sender or business information along with STOP to end opt-out information on each campaign. I agree to Betwext’s Terms of Service and I understand that marketing messages with similar content that are sent to high volumes (500 or more) of subscribers can lead to being filtered as SPAM by the carriers. Betwext does not have control over the destination carrier level decision to filter messages. If you are a large volume sender (more than 500 messages at a time) you should consider contacting us for information around the leasing of your own short code (5 or 6 digit number) or utilizing Betwext Pro plans with 10 digit long code numbers or TFNs (Toll-Free Numbers). Betwext does not offer refunds based on the destination carrier’s choice to filter messages as SPAM. The following information is not intended to replace your responsibility of familiarization with current laws but is provided as a courtesy to assist you with and your choice to abide by the legal requirements pertaining to any sending campaigns prior to using Betwext services. Along with responsible sending, you are solely responsible for obtaining any rights or licenses to any data, including image or sound files, that may be included in any outbound sending from the Betwext platform. If you are unclear or require more information on the legalities of any message or campaign, you must consult with your attorney prior to your use of the Betwext Services. You agree to become familiar and abide by all applicable regulations such as local, state, national and international laws, and agree that you are solely responsible for all acts or omissions that occur under your account. This includes content of the messages and mass texting that you create and initiate through the Betwext Services without any limitations. You further agree to the legalities of any sends, texts, messages, campaigns and broadcasts transmitted through the Betwext Services by visiting the following websites or areas: Do Not Call Registry Info, http://www.donotcall.gov, Federal Trade Commission, http://www.ftc.gov, Federal Communications Commission, http://www.fcc.gov,Individual State Do Not Call Lists. The Telephone Consumer Protection Act (“TCPA”), along with the sites above and various state laws, regulations and rules place restrictions on certain types of phone calls and text messages. Betwext owners are not attorneys and are in no way attempting to interpret any rules, laws, or regulations. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. Please remember that our subscribers will be automatically unsubscribed only when they reply with the single word STOP. Be sure to include STOP to end as part of your sending language.  You must also consistently check your end users’ responses and manually unsubscribe those who request to be removed. Please contact help@betwext.com for more information. I confirm that all of my subscribers have explicitly opted in to receiving text messages and that I am complying with all Do Not Call laws.”

Order acceptance

 Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify Betwext promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.

Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.

FEES AND PAYMENTS

Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.

Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be be charged or invoiced at the time of use. Betwext will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.

Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Third party payments may include account updating for credit cards that are canceled or expired. Account Updater tool scans a customers’ payment information and identifies cards that have expired or are no longer active. Then, the tool obtains the correct expiration date or account number using data provided and it automatically update your account information.

Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Betwext account. All payment obligations are non­cancelable and all amounts paid are non­refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies Betwext in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then Betwext may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then Betwext may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then Betwext: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).

Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides Betwext with a valid tax exemption certificate authorized by the appropriate taxing authority.

CREDITS

Credits are vouchers that you purchase that are outlined in your service plan agreement for use with Betwext’s software service. Credits changed based on the in and out flow along with the type of message (SMS or MMS) and this causes the amount of credits required to either increase or decrease. Our pricing page will always indicate this pricing information and how it relates to the increase or decrease of credits. The submission sent or received messages will cause your credits to be debited from your account balance and this balance is displayed 24/7 online in your account profile.

Expiration of Prepaid Minutes and Credit

Monthly plan credits that are part of a package or monthly plan, including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan, must be used within the month of purchase or they will expire at the end of said month. Betwext does not provide plans with roll-over credits. Pay as you go plans are purchased credits and they expire after 120 days of inactivity in incoming or outgoing campaigns and 12 months with no activity, at which point such credits shall expire automatically. Credits are purchased on a first-bought, first-to-expire basis. You may request a full refund of any unused, non-monthly plan credits within 24 hours of purchase. No other refunds will be given. Any unused value shall be forfeited upon expiration. If said refund is issued is must be cashed within 120 days or the check will be automatically canceled. After 120 days Betwext may reissue payment at their discretion. If an account has a negative subscription balance for more than 5 days Betwext may activate the confirm payment button in the amount of your overdue subscription amount.

 Shipping Policy

At this time, shipping is not applicable.

 Termination and Usage

 You agree to comply with and be bound by the policies in connection with termination and returns of products purchased through this Site. This Agreement will remain in full force and effect while you use the Service and/or are a Member and anytime you on are visiting or surfing our Website. You may terminate your membership at any time, for any reason by following the instructions on the “FAQ” pages, or upon receipt by Betwext of your written or email notice of termination at info@betwext.com

If you breach any provision of this Agreement, you may no longer use The Website or the services.

Betwext may, at any time and for any reason, in its sole discretion, with or without cause, change, suspend or terminate, temporarily or permanently, The Website or the services or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

Betwext may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your ability to use The Website or the services and your login name and password, all without any notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

If this Agreement or your permission to use The Website or the services is terminated by you or us for any reason, you will not be entitled to a refund of any unused subscription fees, if any, and this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of The Website or the services and your engagement of the Service through The Website or the services and anything connected with, relating to or arising from those matters.

If your personal account is inactive for over 30 days, Betwext has sole discretion to permanently remove your account, including contact lists, message logs, and any other information stored by Betwext. Betwext may attempt to contact you via the email address you provided prior to taking any permanent actions in regards to removal. Please note that any remaining credit after 90 days of inactivity may be removed from your account without refund. If accounts were funded on a pre-pay or invoice basis and account volume or activity thresholds are not met, Betwext may utilize any remaining funds towards the account’s comparable subscription fee.  Once funds are extinguished the account may be closed.

The User is free to terminate or cancel his/her Agreement at any time and for any reason. Any questions concerning this should be addressed to info@betwext.com.

In the event that Betwext receives complaints with respect to the use of the Service, Betwext additionally reserves the right, in its sole discretion, to disclose any and all information applicable authorities or any other party with regard to its clients and application Users.

Should you object to the terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with The Website or the services in any way, your sole and exclusive remedy is to discontinue using The Website or the services.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

Opt-in requirements 

Users can opt-in to a short code, 10DLC or toll-free campaign several ways. In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers.

Handset Opt-In: Sending a text message from a mobile phone to a short code

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

End user: {Keyword}
Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

• The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
  • The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

Non-Handset Opt-in: Asking to receive text messages and giving your mobile number to a website, mobile app, paper form, via verbal agreement, or otherwise opting in without using a handset.

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

(User signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)
Short code: Text YES to join {Campaign Name} {Description} Alerts. Msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short code: Welcome to {Campaign Name} {Description} Alerts! Msg&data rates may apply.  {Message frequency} Reply HELP for help, STOP to cancel.

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

These guidelines are based on carrier conditions of short code service and other industry standards. You or your company is required to comply with these guidelines in the use of any Betwext-provided short code or long code number. Please note, each carrier reserves the right to suspend short code or long code service for any user at any time.

Requirements for HELP and STOP?

Wireless carriers require certain information to be included in HELP and STOP message content for all US short codes. Betwext recommends including that information in the following format for your HELP and STOP messages to be considered compliant if your short code is tested by a carrier. We also recommend the following method for maintaining an opt-out list.

HELP Message

A compliant response is required whenever users text HELP to your short code, regardless of whether the user is subscribed to the program. Example:

End user: HELP or INFO
Short code: {Campaign Name} {Description} Alerts: Help at {source of help #1} or {toll free number}. Msg&data rates may apply. {Message frequency}. Text STOP to cancel.

• The “description” should be a single word to define the kind of alerts, e.g. “Account Alerts,” “News Alerts,” “Promo Alerts,” etc.
  • The first “source of help” should be a support email address or a link to your terms of service.
  • The message frequency must be specific, but can be any interval, for example: “1 message per day,” “4 messages per month,” “2 messages per transaction,” etc. If the message frequency will vary based on user interaction, “1 message/user request” is standard.

Managing Opt-Out Requests

Unlike on long codes, Betwext does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end users to re-opt in. When a short code app is created, a database for managing opt-in and opt-out will need to be created for it as well.

STOP Message

Along with maintaining an opt-out list, a compliant response is required whenever users text STOP or the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to your short code, regardless of whether the user was subscribed to the program previously. Example:

End user: STOP, END, QUIT, CANCEL or UNSUBSCRIBE
Short code: You are unsubscribed from {Campaign Name} {Description} Alerts. No more messages will be sent. Reply HELP for help or {toll free number}.

STOP Filtering

End users may be subscribed to multiple campaigns running off of one short code and may want to unsubscribe from a particular campaign. This is achieved using STOP Filtering. To find out more about how to implement STOP Filtering, please see this FAQ.

For information on long code help and stop replies, please see this article.

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

Opt-in requirements for Canada short codes and recommendations for long codes.

Canadian wireless carriers require that all short code advertisements and opt-in message flows meet certain criteria. Betwext recommends that your short code advertisements and opt-in message flows follow the examples provided below in order to meet carriers’ compliance standards.

Please note: the character limit for Canada short code SMS is 136 characters. Messages with more than 136 characters will not be delivered.

Short Code Advertisement (also known as “Call to Action” or CTA) Guidelines

The wording of your short code advertisement (also known as a Call to Action, or CTA) will vary depending on the sign up method, since it tells users how to opt into a short code campaign. An SMS Keyword Call to Action, for example, should look like this:

Text {Keyword} to ##### to sign up for alerts.

For all sign up methods, the following language must appear wherever the short code is advertised (on the web, in print, etc):

Standard message and data rates may apply. {Message frequency}. Text HELP to ##### for help. Text STOP to ##### to cancel. For terms: {URL to SMS terms of service}. For privacy: {URL to privacy policy}

Your website must also display a mailing address for your business.

Keep the following points in mind when writing your Call to Action:

• Message frequency must be specific, for example: “1 message/day” or “4 messages/month.” If the message frequency will vary, it must be user-prompted (for example, “1 message/user request”). Note: the abbreviation “msgs” is not accepted; please use “msg” instead.
  • The words “HELP” and “STOP” must appear in bold.

Opt-In Guidelines

Users can opt into a short code several ways: by sending a text message or opting in from a mobile app (Handset Opt-In); or by signing up on a web site, filling out a paper form, making a verbal agreement, or otherwise opting in without using a handset (Non-Handset Opt-in). In each case, the campaign’s opt-in message flow must meet certain compliance standards set by the wireless carriers. Be sure to follow these opt-in compliance guidelines carefully:

Handset Opt-In

When a user signs up from a mobile handset, a double opt-in process is advised, but not required. A compliant message flow should look like this:

End user: {Keyword}
Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.

Non-Handset Opt-In

When a user initially signs up by any means other than from a mobile handset, a double opt-in process is required. A compliant message flow should look like this:

(End user signs up without using mobile handset, and receives a text message from the short code asking to confirm opt-in)
Short code: Text YES to join {Campaign Name} {Description} Alerts. Std msg&data rates may apply. {Message frequency} Reply HELP for help, STOP to cancel.
End user: YES
Short code: Welcome to {Campaign Name} {Description} Alerts! Std msg&data rates may apply.
{Message frequency} Reply HELP for help, STOP to cancel.

Note: Rather than confirming opt-in with a text message keyword such as YES, users may confirm by entering a verification code online instead. Once the verification code has been entered, a compliant welcome message must be sent to the handset.

You can review other short code compliance guidelines here.

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. You and/or your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

HELP and STOP requirements for Canada short codes.

Canadian wireless carriers require that all HELP and STOP message content meet certain criteria. Betwext recommends that your short code HELP and STOP messages follow the examples provided below in order to meet carriers’ compliance standards.

HELP Message Guidelines

A compliant response is required whenever users text the words HELP, INFO, or AIDE to your short code, regardless of whether the user is subscribed to the program. Example:

End user: HELP, INFO, or AIDE
Short Code: {Campaign Name} Alerts: Help at {source of help 1} or {source of help 2}. Std msg&data rates may apply. {Message frequency}. Reply STOP to cancel.

STOP Message Guidelines

A compliant response is required whenever users text either STOP or ARRET to your short code, regardless of whether the user was subscribed to the program previously. Example:

End user: STOP or ARRET [or END, QUIT, CANCEL, UNSUBSCRIBE, UNSUB]
Short code: You are unsubscribed from {Campaign Name} Alerts, no more msg will be sent. Reply HELP for help or {source of help 1}. Std msg&data rates may apply.

Whenever an end user texts a non-supported keyword, your short code is required to respond as follows:

End user: (Invalid Keyword)
Short code: { Campaign Name } Alerts: Invalid keyword, please try again. Std msg&data rates may apply.

Managing Opt-Out Requests

Unlike on long codes, Betwext does not manage opt-out requests for short codes. This allows the short code application to independently manage subscription lists and requests from end-users to re-opt in.

STOP Filtering

When a short code is created, a database for managing opt-in and opt-out will need to be created for it. The short code program should ask the user to text STOP to opt-out of all further messages from the short code. If the end-user doesn’t want to opt-out of all messages, he or she can differentiate which campaign to unsubscribe from by adding an additional keyword of STOPALL. Examples below:

End user: STOP
Short code: To unsubscribe from {Campaign 1} Alerts, text 1; {Campaign 2} Alerts, text 2. Text STOPALL to unsubscribe from all messages.
End user: 1
Short code: You are unsubscribed from {Campaign 1}. No more messages will be sent. Reply HELP for help or {source of help}. Std msg&data rates may apply.

OR

End user: STOPALL
Short code: You are unsubscribed from all {Campaign Name} Alerts, no more messages. Reply HELP for help or {source of help}. Std msg&data rates may apply.

*These messages have not been formatted to fit within 136 characters*

Please note: These guidelines are based on carrier conditions of short code service and other industry standards. Your company is required to comply with these guidelines in the use of any Betwext-provided short code. Each carrier reserves the right to suspend short code service for any user at any time.

When using the Betwext system clients agree to follow the same protocol above for both Canadian and US long and shot code messaging.

Please be sure to review

Betwext Acceptable Use Policy

OTHER MATTERS.

Messaging Policy

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Betwext and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages–whether SMS, MMS, or chat–are sent with the consent of the message recipient, and that those messages comply with local laws and measures of fairness and decency.

This principle is central to our acceptable use policy that you agree to upon signup.

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Betwext customers partner with us to map out that path.

What Is Proper Consent?

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, we need to meet each of the consent requirements listed below. Betwext requires that all customers adhere to these same requirements when dealing with their users and customers by agreeing to our terms, privacy, legals and use terms upon signup.

Consent Requirements

• Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, You must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
• If you do not send an initial message to that individual within 30 days of receiving consent, then you will need to reconfirm consent (see “Double Opt-in” below).
• The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.

Alternative Consent Requirements: The Two Exceptions

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

• Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent.

Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

• Contact initiated by you to send informational content to an individual based on having a prior relationship

You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on your relationship. An example of such a relationship and message is a dentist reminding a patient of an appointment.

In addition to appointment reminders, other examples include receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

The individual must have knowingly provided their phone number to you, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.

NOTE: The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or you have consent for informational content of the type noted above based on a prior relationship.

Double Opt-in Consent

We require double opt-in consent in some limited use cases. Many of these use cases listed below generate the majority of complaints about unwanted messages which is why the burden of consent is higher.

• Affiliate marketing including multi-level marketing – this is typically a marketing arrangement which an online retailer pays commission to an external website for traffic or sales generated from its referrals.
• Lead generation services
• Sweepstakes
• Financial products, unless you are the financial institution directly offering the product. These include debt refinancing, short-term credit offers, and payday loans
• Job alerts
• Work-from-home offers

Double opt-in is a two step process:

• First, the message recipient must knowingly provide consent to you or your customer prior to receiving any text message. That consent must be provided through an electronic signature or some other online sign-up form that makes clear to the individual they are agreeing to receive messages of this type.
• Second, in your first text message to that individual, you must identify yourself and prompt the individual to confirm their consent.

For example, your first outbound message would be compliant if it included text similar to, “This is Company X. You recently signed up to receive text messages from us. Please reply YES to confirm or STOP to unsubscribe.” Only after you receive the confirmation “YES” may you send a follow-up message with information related to a topic listed above.

Identifying Yourself as the Sender

Every message you send must clearly identify you as the sender, except in follow-up messages of an ongoing conversation.

Message Recipient Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Periodic Messages and Ongoing Consent

In some cases, you may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that your message includes a reminder to the individual about how to unsubscribe. If you send more than one message in a given month, you need to include the reminder in just one of those messages–not in all of the messages that you send in that month.

You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months.

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located. Additionally, our acceptable use policy bans sending any content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable, even if the content is permissible by law and appropriate age restrictions are in place.

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Those content types include:

• Anything that’s illegal in the jurisdiction where the message recipient lives.
• Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate. You can find a fuller description of hate and other prohibited types of speech in our acceptable use policy.
• Fraudulent messages.
• Malicious content, such as malware or viruses.
• Any content that is designed to intentionally evade filters.

How We Handle Violations

When we identify a violation of these principles, we work with customers in good faith to get them back into compliance. To protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to remove access to the Betwext platform for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area.

Privacy and Communications

You acknowledge and agree that Betwext may send you e-mails and text messages related to your account and/or the Service. You agree that Betwext LLC can use your company name or logo in its advertising unless and until you tell us in writing not to.

Accounts, Passwords and Security

You must be a registered User to access the Service. You are responsible for keeping your password secure, and you are solely and strictly liable for any activity that occurs under your user name. You also agree not to access, or attempt to access, other user’s accounts and/or data. You must keep track of your subscribers opt-in status and be sure not to send or upload duplicate contacts. This action may result in resubscribing an end user without their explicit permission to do so which is in violation of our terms of service.  It is your responsibility to be sure you’re not sending to any subscribers who have initially unsubscribed and to not duplicate sending.

Betwext LLC hosts and operates this website

Contact by mail:

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

Contact by Email: support@betwext.com

Contact by Phone: (480)-699-3360

4. No Investment Recommendations or Professional Advice 

Betwext does not provide personalized investment advice or execute trades on your behalf.  Neither the Website nor any of Betwext’s products or services are intended to provide tax, legal, insurance, or investment advice.  None of the content provided on the Website or through any of Betwext’s products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Betwext or any third party.  You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.  You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Website may reference prior articles and opinions that we have published.  These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current.  As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons.  In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data

5. Securities & Investing Disclosure; Hypothetical Performance Results Disclosure; Trade Alerts Disclosure

This Website provides information about the stock market and other investments. All investments involve risk that losses may exceed the invested amount and that the past performance of a security, industry, sector, market, or product does not guarantee future results or returns. YOU ACKNOWLEDGE THAT STOCK, FUTURES, AND OPTION TRADING INVOLVES HIGH RISKS THAT MAY RESULT IN YOUR LOSS OF LARGE SUMS OF MONEY. When investing in stocks or purchasing options, you may lose all of the money you invested.  When investing in futures, you may lose more than the funds you invested. Being a successful “paper trader” or “paper investor” during one period of time does not mean that you will make money when you actually invest during a later time period. Market conditions constantly change.

The information set forth on this Website is not an invitation to trade any specific security or class of securities. Investing requires risking money in pursuit of future gain. That is your decision, and you are solely responsible for your investment decisions. Do not risk any money you cannot afford to lose. This Website does not take into account your own individual financial and personal circumstances. You are encouraged to consult with a qualified investment professional regarding any trading strategy or a particular trade. Your failure to seek professional, detailed and personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital. We make no representation that you will or are likely to achieve profits or losses similar to those presented on this Website. This Website is for informational purposes only and does not provide investment advice. The owner of this Website does not fall within the federal or state definition of an investment adviser and is not registered as such.

Hypothetical or simulated performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not actually been executed, the results may have under- or over- compensated for the impact, if any, of certain market factors, such as lack of liquidity. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results all of which can adversely affect actual trading results.

The Website contains information regarding some of our successful hypothetical trades. We also have hypothetical trades where we lost money (not including fees and commissions). Past Results are not necessarily indicative of future results.

For customers trading options, the futures charts are presented for informational purposes only. They are intended to show how investing in options can depend on the underlying futures prices; specifically, whether or not an option purchaser is buying an in-the-money, at-the-money, or out-of-the-money option. Furthermore, the purchaser will be able to determine whether or not to exercise his or her right on an option depending on how the option’s strike price compares to the underlying futures price. The futures charts are not intended to imply that option prices move in tandem with futures prices. In fact, option prices may only move a fraction of the price move in the underlying futures. In some cases, the option may not move at all or even move in the opposite direction of the underlying futures contract.

Betwext may send “trade alerts” to end users via email or text in advance of the trade being executed. Betwext cannot guarantee due to technology limitations that end users will receive the alert before the trade is executed, nor guarantees that the alerted trade will occur as the conditions and other variables upon which the alerted proposed trade is based may not materialize. Further, Betwext does not guarantee that you will be able to execute the same trade at the alerted price or position size as market conditions change rapidly. Betwext encourages you not to simply copy alerted trades in your own portfolio. Trade alerts are presented to help you learn how to make investment decisions for yourself. You understand and agree that you alone are responsible for your own trading activity and investment decisions.

6. Modifications to the Website and Prices

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website.  

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited.

7. Account Registration

In order to access some of the products or services of the Website, you will be required to create an account.  By creating this account, you agree to the following:

• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or authorize access to your account; 
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account; and
• You will be liable for any use made of your account or password and the losses of Betwext or others due to such unauthorized use.  We will not be liable for your losses caused by any unauthorized use of your account.

Betwext has the right, in its sole discretion, to cancel your account or suspend your access to the Website.

8. User Communications

By using any Betwext services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices”) that we provide in connection with your account and your use of the services.  Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you.  If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Betwext will honor any requests to unsubscribe within 30 days.

Betwext may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with Betwext. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.

9. Order Placement and Acceptance; Subscription Billing Disclosure

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny anyone’s order for any reason.  In the event we deny your order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.  We reserve the right to require additional information before processing any order.

Many of Betwext’s products and services are offered on a subscription basis. If you purchase a subscription, it is automatically billed each stated period (e.g. monthly, quarterly, annually) to the payment method you provided when you purchased the subscription unless and until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. 

If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription at least forty-eight (48) hours prior to your next billing date to avoid being billed for the next renewal period. 

You may also cancel your subscription by contacting Customer Support by phone or email  Please visit our Contact Us Page for contact information.

10. Refund Policy 

Subscription payments are non-refundable.  When you cancel your subscription, you will have access to the product or service until the end of that subscription period.

Most of Betwext’s products and services do not include a money-back guarantee. From time to time, Betwext may run promotional offers where a money-back guarantee is advertised in connection with the purchase of a particular product or service.  The terms of that guarantee will be stated on the checkout page at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the first subscription period.  Additionally, customers who elect a refund under any money-back guarantee and then resubscribe to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee.

11. Payment 

All charges are in U.S. Dollars.  By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.

We are not responsible for any fees or charges that your bank or payment card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement. 

12. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Betwext, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

13. Digital Millennium Copyright Notice

a. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement: 

Betwext Legal Department

Attn:  DMCA/Copyright Agent

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

Tel: 480-699-3360

Email: info@betwext.com       

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in a delay in the processing of your complaint.

b. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Betwext or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Betwext, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Betwext, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Betwext.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Copyright

The copyright in all materials provided on the Website is owned by Betwext or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Betwext. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Betwext may revoke any of the foregoing rights at any time. You may not, without Betwext’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Betwext. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Betwext, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Betwext. Betwext prohibits the use of any Betwext logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Betwext in writing.

14. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Betwext OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER Betwext HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Betwext IS FOUND LIABLE UNDER ANY THEORY, Betwext’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Betwext WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Betwext ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.  YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

1. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit.  “Claim” means any dispute between you, Betwext, or any involved third-party relating to your account, your use of the Website, your relationship with Betwext, these Terms, or the Privacy Policy.  This includes any and all claims that relate in any way to your use or attempted use of the products and services, and any act or omission by Betwext or any third-party related to your use or attempted use of the products or services, and any communications from Betwext or any third party on Betwext’s behalf.  You, Betwext, or any involved third-party may pursue a Claim.  Betwext agrees to final and binding confidential arbitration should it have any Claims against you.  Likewise, you agree to final and binding confidential arbitration should you have any Claims against Betwext.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration.  You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.  This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Arizona on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

2. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Betwext both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction.  Betwext will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. 

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Arizona: (i) an action by Betwext relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Betwext for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement.  You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.  Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties.  For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in  Arizona, and forever waive any challenge to said courts’ jurisdiction and venue.

3.  Required Pre-Dispute Procedures

Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution.  You may send the written description of any dispute you have with us by certified mail to Betwext, Attn: Legal Department, 2487 S. Gilbert Rd. Suite 106-626 Gilbert, Arizona 85295.  Betwext will contact you by letter at the billing address you provided to us or at the email address you provided to us.  You agree to negotiate with Betwext or its designated representative in good faith about your problem or dispute.  If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.

4. Commencing Arbitration

You and Betwext agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred. 

5. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions.  Otherwise, the arbitration shall be conducted in Arizona unless Betwext otherwise agrees to arbitrate in another forum requested by you. 

6. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”).  Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above.  The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.  The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision.  The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable.  The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Betwext.

7.  Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

8.  Governing Law and Award

The arbitrator shall follow the substantive law of the State of Arizona without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

9. Enforceability

This provision survives termination of your account or relationship with Betwext, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. 

10. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above.  This provision is the entire arbitration agreement between you and Betwext and shall not be modified except in writing by Betwext. 

11. Amendments

Betwext reserves the right to amend this arbitration provision at any time.  Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a Betwext product or service, constitutes your consent to such changes. 

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.  YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT Betwext, ATTN:  LEGAL DEPARTMENT, 2487 S. Gilbert Rd. Suite 106-626 Gilbert, Arizona 85295.  FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE.  IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Betwext, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

18. Third-Party Websites and Links

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party. 

19. Testimonials, Reviews, and Other Submissions

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.  You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Betwext does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.

Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Betwext in any manner (unless expressly stated otherwise by Betwext) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Betwext in any manner, though Betwext reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, Betwext may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.

Betwext reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  Betwext shall be under no obligation to use any, or any part of, any testimonial or review submitted.

20. Electronic Communications 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. Assignment 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Betwext and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Betwext’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

22. No Waiver 

No waiver by Betwext of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Betwext to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

24. Termination

In the event that we terminate this Agreement, Sections 2-5, 12-17, 19-25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

25. Entire Agreement 

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Betwext, and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

26. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email.  Please visit our Contact Us Page for additional contact information.

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