Terms of Service

Welcome to the Whistle Messaging, Inc. (“Whistle”) website. Please review the following notices, terms and conditions (“Terms”) concerning your use of Whistle.

By accessing, using or downloading any materials from Whistle you agree to follow and be bound by these Terms. If you do not agree with these Terms, please do not use this website.

NO ACCESS TO EMERGENCY SERVICES

Whistle is not a replacement for your ordinary mobile or fixed line telephone. Whistle does not allow you to make emergency calls or send emergency messages to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls and send emergency messages if needed.

You acknowledge and agree that: (i) Whistle is not required to offer access to Emergency Services under any applicable federal state or local law or regulation; (ii) it is your responsibility to purchase, separately from Whistle, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) Whistle is not a replacement for your primary telephone and/ or messaging service(s).

GENERAL USE PROVISIONS

All materials provided on Whistle, including, but not limited to, information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Whistle or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Whistle and/or its Third Party Providers. Except as stated herein, none of the Materials 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 other means without the prior express written permission of Whistle. Also, you may not “mirror” any Materials contained on Whistle or this website on any other server without Whistle’s prior express written permission.

Except where expressly provided otherwise by Whistle, nothing on Whistle or this website shall be construed to confer any license offer for license or sale under any of Whistle’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses See the “Legal Contact Information” below). Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Whistle and as such, Whistle makes no warranty with respect to its contents. Whistle does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Whistle.

Any unauthorized use of any Materials contained on Whistle or this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Whistle’s Privacy Policy applies to the the Terms; please read and review the Privacy Policy and related information.

CONSENT

Parties using Whistle’s services respect the right of users to control the SMS messages they receive.

Whistle clientele ask for and obtain consent by obtaining an explicit opt-in from the user for all SMS messaging; this can be accomplished via an SMS opt-in process, a voice response, electronic response, or other legitimate methods recognized by the FCC which adhere to the TCPA.

Whistle clientele must implement consent or opt-in for a specific messaging program. Consent is not carried into other programs unless the user has consented to such communications either: i) When they consented to the initial program or ii) upon the commencement of a subsequent program.

Whistle clientele must implement an basic termination or opt-out process so that users can stop receiving SMS messages. Users must be able to exercise their choice to opt-out from any message. This method must be functionally equivalent to methods used to obtain opt-in, and must be easily discoverable by users. Explanations on how to opt-out of multiple messaging programs must be provided on a reasonably frequent basis.

LINKS TO THIRD PARTY SITES

Whistle may contain links to websites controlled by parties other than Whistle. Whistle is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Whistle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Whistle of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

SUBMISSIONS

Except where expressly provided otherwise by Whistle, all comments, feedback, information or materials submitted to Whistle through or in association with Whistle or this Website (”Submissions”) shall be considered non-confidential and Whistle’s property. By providing such Submissions to Whistle, you agree to assign to Whistle, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Whistle shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Whistle, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY WHISTLE, THE MATERIALS ON WHISTLE AND THIS WEBSITE ARE PROVIDED “AS IS” AND WHISTLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WHISTLE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON WHISTLE.

LIMITATION OF LIABILITY

WHISTLE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL WHISTLE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM WHISTLE, EVEN IF WHISTLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH WHISTLE AND YOU WILL NOT MAKE A CLAIM AGAINST WHISTLE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD WHISTLE HARMLESS FROM, AND YOU COVENANT NOT TO SUE WHISTLE FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF WHISTLE.

GENERAL

This Website may include inaccuracies or typographical errors. Whistle and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described on Whistle and in this website at any time without notice. Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of Whistle and prevail over any prior or contemporaneous, conflicting or additional, communications. Whistle, at its sole discretion, has the right and may periodically make changes to the Terms in whole or in part at any time, without notice, by updating this posting. Any rights not expressly granted herein are reserved by Whistle.

INTELLECTUAL PROPERTY NOTICES

Elements of Whistle are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from Whistle may be copied or retransmitted unless expressly permitted by Whistle.

Whistle, TryWhistle, the Whistle logo, and other Whistle product names referenced herein are trademarks of Whistle, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Whistle respects the intellectual property rights of others. Whistle may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.

If you believe your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Our agent for notice of claims of copyright infringement related to our products or our website can be reached as follows:

Whistle
445 South Figueroa, Suite 3100
Los Angeles, CA 90071
info@trywhistle.com
(323)-487-1715