Terms of use

Welcome to Whistle

Wel­come to Whis­tle! This web­site is owned and oper­at­ed by Whis­tle Mes­sag­ing, Inc. (“Whis­tle”, “us”, “our”, or “we”). These Terms of Use (“Terms”) set forth the terms and con­di­tions under which you are autho­rized to use our mes­sag­ing ser­vice, and web­site, includ­ing any web­site where these Terms are post­ed, and any sub­do­mains and mobile ver­sions there­of (col­lec­tive­ly, the “Plat­form”). To the extent addi­tion­al rules or guide­lines affect your use of our Plat­form, those rules and guide­lines (includ­ing our Pri­va­cy Pol­i­cy) are here­by incor­po­rat­ed by ref­er­ence into these Terms. By using any of our Plat­form, you agree to these Terms. If you do not agree to these Terms, you should imme­di­ate­ly stop using our Plat­form. Through your use of our Plat­form, you acknowl­edge these Terms.
Pri­va­cy policy
The Plat­form is not a replace­ment for your ordi­nary mobile or fixed line tele­phone. The Plat­form 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 sole respon­si­bil­i­ty to ensure that you have access to tra­di­tion­al wire­less (mobile) or fixed line tele­phone ser­vices that offer access to emer­gency ser­vices, and (iii) the Plat­form is not a replace­ment for your pri­ma­ry tele­phone and/ or mes­sag­ing service(s).
We pro­vide our ser­vices on behalf of our third par­ty hotels and oth­er hos­pi­tal­i­ty clients (“Clients”), and may use third par­ty ser­vice providers in order to pro­vide fea­tures or ser­vices to you. Except in con­nec­tion with their use of our Plat­form, our Clients and oth­er third par­ties are not gov­erned by these Terms. You acknowl­edge and agree that we are not respon­si­ble for these par­ties’ use of infor­ma­tion you pro­vide them. You fur­ther acknowl­edge that any reliance on rep­re­sen­ta­tions and war­ranties pro­vid­ed by any par­ty oth­er than Whis­tle will be at your own risk. Your use of Client web­sites and ser­vices will sub­ject to the terms of use and pri­va­cy poli­cies post­ed on each site or ser­vice, and we encour­age you to review those agreements.
By using the Plat­form, you agree that Whis­tle may com­mu­ni­cate with you elec­tron­i­cal­ly regard­ing your use of the Plat­form and that any notices, agree­ments, dis­clo­sures or oth­er com­mu­ni­ca­tions that Whis­tle sends to you elec­tron­i­cal­ly will sat­is­fy any legal com­mu­ni­ca­tion require­ments, includ­ing that the com­mu­ni­ca­tions be in writ­ing. To with­draw your con­sent from receiv­ing elec­tron­ic notice, please noti­fy Whis­tle at info@trywhistle.com.
We reserve the right to mod­i­fy or dis­con­tin­ue all or any por­tion of our Plat­form with or with­out notice to you. We will not be liable if we choose to exer­cise this right. You acknowl­edge and accept that we do not guar­an­tee con­tin­u­ous, unin­ter­rupt­ed or secure access to our Plat­form, or that our Plat­form will be error free. You under­stand that usage of our Plat­form may be inter­fered with or adverse­ly affect­ed by numer­ous fac­tors or cir­cum­stances out­side of our control.
As a con­di­tion of your right to access and use our Plat­form, you rep­re­sent that you are of legal age to enter into a bind­ing con­tract and that you are not a per­son barred from access­ing the Plat­form under the laws of the Unit­ed States or any oth­er coun­try. Whis­tle reserves the right to ter­mi­nate your access with or with­out rea­son at any time. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE PLATFORM ON YOUR DEVICE(S).
Clients are respon­si­ble for obtain­ing any con­sent nec­es­sary to imi­tate com­mu­ni­ca­tions via SMS, and for their pro­cess­ing of any Per­son­al Infor­ma­tion. How­ev­er, Whis­tle may pro­vide tools to col­lect or with­draw con­sents from users for SMS mes­sag­ing via an SMS opt-in/out process, a voice response, elec­tron­ic response, or oth­er appro­pri­ate meth­ods. Whistle’s Clients are respon­si­ble for obtain­ing any nec­es­sary con­sent, and giv­ing effect to users’ choic­es, notwith­stand­ing any options pro­vid­ed by Whis­tle. Whis­tle may process this data as set forth in the Whis­tle Pri­va­cy Pol­i­cy, includ­ing (with­out lim­i­ta­tion) by dis­clos­ing such infor­ma­tion to a Client and Client’s autho­rized users, as well as any oth­er third par­ties. Clients and oth­er third par­ties may be the own­ers or con­trollers of the infor­ma­tion you pro­vide, and may dis­close and/or use the infor­ma­tion for their own pur­pos­es. Please review our Pri­va­cy Pol­i­cy for more information.
Pri­va­cy policy
You agree to indem­ni­fy and hold the Whis­tle Par­ties harm­less from any claim or demand, includ­ing rea­son­able attor­ney’s fees and costs, made by any third par­ty due to or aris­ing out of your post­ing of any con­tent on our Plat­form, or oth­er use of our Plat­form in a man­ner not per­mit­ted by these Terms, includ­ing with­out lim­i­ta­tion your actu­al or alleged vio­la­tion of these Terms, or infringe­ment of a third party’s intel­lec­tu­al prop­er­ty or oth­er rights by you or anoth­er user of our Plat­form using your com­put­er, mobile device or account.
All con­tent, copy­rights and oth­er intel­lec­tu­al prop­er­ty rights in the con­tent avail­able on our Plat­form, includ­ing with­out lim­i­ta­tion design, text, graph­ics, inter­faces, and the selec­tion and arrange­ments there­of (col­lec­tive­ly “Con­tent”), are owned by Whis­tle or its Clients, with all rights reserved, or in some cas­es may be licensed to Whis­tle or its Clients by third par­ties. This Con­tent is pro­tect­ed by the intel­lec­tu­al prop­er­ty rights of Whis­tle or those own­ers. All Con­tent which qual­i­fies for pro­tec­tion under U.S. Fed­er­al Copy­right Law is sub­ject to the exclu­sive juris­dic­tion of the Fed­er­al Court Sys­tem, whether reg­is­tered or unreg­is­tered. All trade­marks dis­played on our Plat­form are the trade­marks of their respec­tive own­ers, and con­sti­tute nei­ther an endorse­ment nor a rec­om­men­da­tion of such par­ties. In addi­tion, such use of trade­marks or links to the web­sites of third par­ties is not intend­ed to imply, direct­ly or indi­rect­ly, that those third par­ties endorse or have any affil­i­a­tion with Whistle.
Any use of Con­tent on the Plat­form, includ­ing with­out lim­i­ta­tion repro­duc­tion for pur­pos­es oth­er than those not­ed here­in, mod­i­fi­ca­tion, dis­tri­b­u­tion, repli­ca­tion, any form of data extrac­tion or data min­ing, or oth­er com­mer­cial exploita­tion of any kind, with­out pri­or writ­ten per­mis­sion of an autho­rized offi­cer of Whis­tle or as part of a Client agree­ment with Whis­tle, is strict­ly pro­hib­it­ed. With the excep­tion of search engines, you agree that you will not use any robot, spi­der, or oth­er auto­mat­ic device, or man­u­al process to mon­i­tor or copy our web pages or the Con­tent con­tained there­in with­out pri­or writ­ten per­mis­sion of an autho­rized offi­cer of Whis­tle. You may not make any use of Con­tent owned by any third par­ties which is avail­able on the Plat­form, with­out the express con­sent of those third parties.
We wel­come your com­ments and feed­back about our Plat­form. All infor­ma­tion and mate­ri­als sub­mit­ted to Whis­tle through the Plat­form or oth­er­wise, such as any com­ments, feed­back, ideas, ques­tions, designs, data or the like regard­ing or relat­ing to the Plat­form or the busi­ness of Whis­tle (col­lec­tive­ly, “Feed­back”), will be con­sid­ered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Whis­tle reserves the right to treat any such Feed­back as the con­fi­den­tial infor­ma­tion of Whis­tle. By sub­mit­ting Feed­back to Whis­tle, you assign to the Whis­tle Par­ties, free of charge, all world­wide rights, title and inter­est in all copy­rights and oth­er intel­lec­tu­al prop­er­ty rights in such Feed­back. The Whis­tle Par­ties will be enti­tled to use any Feed­back you sub­mit, and any ideas, con­cepts, know-how or tech­niques con­tained in any such Feed­back, for any pur­pose what­so­ev­er, includ­ing but not lim­it­ed to devel­op­ing, man­u­fac­tur­ing and mar­ket­ing prod­ucts and ser­vices using such Feed­back with­out restric­tion and with­out com­pen­sat­ing you in any way. You are respon­si­ble for the infor­ma­tion and oth­er con­tent con­tained in any Feed­back you sub­mit to us, includ­ing, with­out lim­i­ta­tion, its truth­ful­ness and accuracy.
You assume all knowl­edge of applic­a­ble law and you are respon­si­ble for com­pli­ance with any such laws. You may not use our Plat­form in any way that vio­lates applic­a­ble state, fed­er­al, or inter­na­tion­al laws, reg­u­la­tions, rel­e­vant guid­ance, or oth­er gov­ern­ment requirements.
We reserve the right, at any time, to mod­i­fy, alter, or update these Terms with­out pri­or notice. You are encour­aged to check this page reg­u­lar­ly for changes to the Terms. Mod­i­fi­ca­tions will become effec­tive imme­di­ate­ly upon being post­ed to our Plat­form, with­out fur­ther notice to you. Your con­tin­ued use of any of our Plat­form after such mod­i­fi­ca­tions are post­ed con­sti­tutes your acknowl­edge­ment and accep­tance of such mod­i­fi­ca­tions, and you may not amend these Terms.
Under Cal­i­for­nia Civ­il Code Sec­tion 1789.3, Cal­i­for­nia users of our Plat­form are enti­tled to the fol­low­ing spe­cif­ic con­sumer rights notice: The Com­plaint Assis­tance Unit of the Divi­sion of Con­sumer Plat­form of the Cal­i­for­nia Depart­ment of Con­sumer Affairs may be con­tact­ed in writ­ing at 1625 North Mar­ket Blvd., Sacra­men­to, CA 95834, or by tele­phone at (916) 445‑1254 or (800) 952‑5210.

Other terms

If any pro­vi­sion of these Terms is deter­mined by a court of law to be unlaw­ful, void or unen­force­able for any rea­son, the oth­er pro­vi­sions (and any par­tial­ly-enforce­able pro­vi­sion) shall not be affect­ed there­by and shall remain valid and enforce­able to the max­i­mum pos­si­ble extent, and the invalid pro­vi­sion will be mod­i­fied as nec­es­sary to make it valid and enforce­able while as close­ly as pos­si­ble reflect­ing the orig­i­nal inten­tions of Whistle.

You agree that these Terms and any oth­er agree­ments ref­er­enced here­in may be assigned by us, in our sole dis­cre­tion, to a third par­ty in the event of a merg­er or acqui­si­tion or oth­er­wise. These Terms shall apply in addi­tion to, and shall not be super­seded by, any oth­er writ­ten agree­ment between us in rela­tion to your par­tic­i­pa­tion as a con­trib­u­tor to our Platform.

You agree and under­stand that these Terms togeth­er with any oth­er applic­a­ble click-through agree­ments you may have entered into regard­ing our Plat­form, con­sti­tutes the entire agree­ment between you and Whis­tle regard­ing your use of the Plat­form, and that any oth­er pri­or agree­ments between you and Whis­tle are super­seded by these Terms.

Any fail­ure by Whis­tle to exer­cise its rights under these Terms or to enforce the terms here­of will not con­sti­tute a waiv­er of those rights. You agree that regard­less of any statute or law to the con­trary, any claim or cause of action aris­ing out of or relat­ed to use of our Plat­form or relat­ing to these Terms must be filed with­in one (1) year after such claim or cause of action arose or be for­ev­er barred.


Restricted activities

You may not engage in any of the fol­low­ing with regard to the Plat­form (includ­ing with­out lim­i­ta­tion post­ing or trans­mit­ting con­tent through the Platform):

  1. Vio­late or encour­age the vio­la­tion of any local, state, nation­al, or inter­na­tion­al law or regulation;
  2. Col­lect or store per­son­al data about oth­er users of our Plat­form or solic­it per­son­al infor­ma­tion from any indi­vid­ual with­out prop­er rights or con­sent of the individual;
  3. Send or pro­mote any mes­sage that is unlaw­ful, libelous, defam­a­to­ry, abu­sive, sex­u­al­ly explic­it, threat­en­ing, vul­gar, obscene, pro­fane, dis­parag­ing regard­ing racial, gen­der or eth­nic back­ground, any state­ment that you have rea­son to know is false or mis­lead­ing, or oth­er­wise objec­tion­able mes­sages, as deter­mined by Whis­tle in its sole discretion;
  4. Infringe any patent, trade­mark, trade secret, copy­right, right of pub­lic­i­ty or pri­va­cy, or oth­er right of any par­ty, or dis­trib­ute any con­tent you do not have a right to make avail­able under any law or under con­trac­tu­al or fidu­cia­ry relationships;
  5. Pro­mote or dis­trib­ute any unau­tho­rized adver­tis­ing, pro­mo­tion­al mate­ri­als, or mate­r­i­al which can be char­ac­ter­ized as “junk mail,” “spam,” “chain let­ters,” “pyra­mid schemes,” or sim­i­lar mate­r­i­al, any request for or solic­i­ta­tion of mon­ey, goods, or ser­vices for pri­vate gain, or any infor­ma­tion post­ed pri­mar­i­ly for adver­tis­ing, pro­mo­tion­al, or oth­er com­mer­cial purposes;
  6. Dis­rupt or inter­fere with the secu­ri­ty or use of the Plat­form or any web­sites or con­tent linked to them;
  7. Inter­fere with or dam­age the integri­ty of the Plat­form, includ­ing, with­out lim­i­ta­tion, through the use of virus­es, Tro­jan hors­es, harm­ful code, denial of ser­vice attacks, pack­et or IP spoof­ing, forged rout­ing or email address infor­ma­tion or sim­i­lar meth­ods or tech­nol­o­gy or dis­obey any require­ments, pro­ce­dures, poli­cies, or reg­u­la­tions of net­works con­nect­ed to our Platform;
  8. Use the Ser­vice to store or trans­mit code, files, scripts, agents or pro­grams intend­ed to do harm, includ­ing, for exam­ple, virus­es, worms, time bombs or Tro­jan horses;
  9. Attempt to use anoth­er user, per­son or enti­ty, mis­rep­re­sent your affil­i­a­tion with a per­son or enti­ty, includ­ing (with­out lim­i­ta­tion) Whis­tle or cre­ate or use a false identity;
  10. Attempt to obtain unau­tho­rized access to the Plat­form or por­tions there­of that are restrict­ed from gen­er­al access;
  11. Use any meta tags or any oth­er “hid­den text” uti­liz­ing Whis­tle name, trade­marks, or prod­uct names;
  12. attempt to reverse engi­neer or oth­er­wise derive or obtain the code in any form for any soft­ware used in the Platform;
  13. Engage in any activ­i­ty that inter­feres with any third party’s abil­i­ty to use or enjoy the Plat­form; or
  14. Assist any third par­ty in engag­ing in any activ­i­ty pro­hib­it­ed by these Terms.

Fur­ther, with­out our writ­ten con­sent, you may not:

  1. Repro­duce, dupli­cate, copy, sell, resell, cre­ate deriv­a­tive works, or exploit for any com­mer­cial pur­pose any Whis­tle con­tent or any use of or access to the Platform
  2. Use any high vol­ume, auto­mat­ed, or elec­tron­ic means (includ­ing, with­out lim­i­ta­tion, robots, spi­ders, scripts, or oth­er auto­mat­ed devices) to access the Plat­form or mon­i­tor or copy our web pages or the con­tent con­tained thereon;
  3. Deep link to the Plat­form for any pur­pose; or frame the Plat­form, place pop-up win­dows over any con­tent, or oth­er­wise affect the dis­play of the Platform;
  4. Access the Ser­vice in order to build a com­pet­i­tive ser­vice or to bench­mark with a non-Whis­tle service;
  5. Reverse engi­neer the Ser­vice (to the extent such restric­tion is per­mit­ted by law).

Disclaimer of warranties and
limitation of liability

To the fullest extent per­mit­ted by law, whis­tle, its relat­ed enti­ties, its ser­vice providers, its licen­sors, and its or their respec­tive offi­cers, direc­tors, employ­ees or agents (col­lec­tive­ly the “com­pa­ny par­ties”) express­ly dis­claim all war­ranties of any kind, whether express, implied or statu­to­ry, includ­ing, but not lim­it­ed to, any implied war­ranties of mer­chantabil­i­ty, fit­ness for a par­tic­u­lar pur­pose, title, and non-infringe­ment, relat­ed to our sites. You under­stand and agree that your use of our sites is at your sole risk. our sites and all con­tent, prod­ucts and ser­vices offered through the sites are pro­vid­ed on an “as is” and “as avail­able” basis. The com­pa­ny par­ties are not respon­si­ble for the time­li­ness of deliv­ery of con­tent, any fail­ures of deliv­ery, erro­neous dele­tion, or any loss or dam­age of any kind you claim was incurred as a result of the use of any sites. Under no cir­cum­stances, will any of the com­pa­ny par­ties be liable to you or to any per­son or enti­ty claim­ing through you for any loss, injury, lia­bil­i­ty or dam­ages aris­ing out of or in con­nec­tion with your access to, use of, inabil­i­ty to use, or reliance on any of our sites or any con­tent, prod­uct or ser­vice pro­vid­ed to you through or in con­nec­tion with any of our sites. This is a com­pre­hen­sive lim­i­ta­tion of lia­bil­i­ty that applies to all loss­es and dam­ages of any kind what­so­ev­er, whether direct or indi­rect, gen­er­al, spe­cial, inci­den­tal, con­se­quen­tial, exem­plary or oth­er­wise, includ­ing with­out lim­i­ta­tion, loss of data, good­will, rev­enue or prof­its. this lim­i­ta­tion of lia­bil­i­ty applies whether the alleged lia­bil­i­ty is based on con­tract, neg­li­gence, tort, strict lia­bil­i­ty or any oth­er basis; even if any com­pa­ny par­ty has been advised of or should have known of the pos­si­bil­i­ty of such dam­ages; and with­out regard to the suc­cess or effec­tive­ness of oth­er reme­dies. Iif any part of this lim­i­ta­tion of lia­bil­i­ty is found to be invalid, ille­gal or unen­force­able for any rea­son, then the aggre­gate lia­bil­i­ty of the com­pa­ny par­ties under such cir­cum­stances to you or any per­son or enti­ty claim­ing through you for lia­bil­i­ties that oth­er­wise would have been lim­it­ed will not exceed one hun­dred U.S. dollars.

Some juris­dic­tions do not allow the exclu­sion of cer­tain war­ranties or the lim­i­ta­tion or exclu­sion of lia­bil­i­ty for cer­tain types of dam­ages. accord­ing­ly, some of the above dis­claimers of war­ranties and lim­i­ta­tions of lia­bil­i­ty may not apply to you.

You acknowl­edge that you may have or may in the future have claims against us which you do not know or sus­pect to exist in your favor when you agreed to these terms and which if known, might mate­ri­al­ly affect your con­sent to these terms. you express­ly waive all rights you may have under sec­tion 1542 of the Cal­i­for­nia civ­il code, which states: a gen­er­al release does not extend to claims which the cred­i­tor does not know or sus­pect to exist in his or her favor at the time of exe­cut­ing the release, which if known by him or her must have mate­ri­al­ly affect­ed his or her set­tle­ment with the debtor. If this clause is held to be unen­force­able in whole or in part in any juris­dic­tion due to rel­e­vant laws, then in no event shall our or the releasees’ total lia­bil­i­ty to you exceed $100.00. Noth­ing in this clause shall lim­it or exclude any lia­bil­i­ty for death or per­son­al injury result­ing from negligence.

Notification of claimed copyright infringement 

In the event that you find con­tent post­ed on our Plat­form which you believe to be an infringe­ment of the copy­right own­er­ship or oth­er intel­lec­tu­al prop­er­ty rights of your com­pa­ny or any third par­ty, you are request­ed to imme­di­ate­ly con­tact Whistle’s Copy­right Agent as described below. To report any alleged infringe­ment, please con­tact us in writ­ing by pro­vid­ing a signed state­ment con­tain­ing the fol­low­ing infor­ma­tion pur­suant to the Dig­i­tal Mil­len­ni­um Copy­right Act (“DMCA”): Your name, address, tele­phone num­ber, and email address, and if you are act­ing on behalf of the own­er of the intel­lec­tu­al prop­er­ty, the name of the own­er; a state­ment, made under penal­ty of per­jury, that you are the own­er of the copy­right or are autho­rized to act on behalf of the own­er; a detailed descrip­tion of the copy­right­ed work or oth­er intel­lec­tu­al prop­er­ty that you claim has been infringed; if your claim is based on a reg­is­tered work, the reg­is­tra­tion num­ber, and the date of issuance of the reg­is­tra­tion; a descrip­tion of the infring­ing mate­r­i­al and the URL where such mate­r­i­al is locat­ed on the Plat­form, or a descrip­tion of where on our Plat­form you found such mate­r­i­al; your writ­ten state­ment that you believe, in good faith, that the use of the work on our Plat­form has not been autho­rized by the true own­er of the work, its agent, or as a mat­ter of law; and a state­ment that all of the infor­ma­tion you have pro­vid­ed is true.

Please send your notice of alleged infringe­ment to us:

Whis­tle Mes­sag­ing, Inc.
31416 Agoura Road #105
West­lake Vil­lage, CA, 91361
Unit­ed States
E‑mail: copyright@trywhistle.com, sub­ject line “DMCA Notice”

In accor­dance with the DMCA, it is the pol­i­cy of Whis­tle to ter­mi­nate use of our Plat­form by repeat infringers in appro­pri­ate circumstances.

User-submitted content

Any con­tent uploaded, post­ed, sub­mit­ted, or oth­er­wise made avail­able by indi­vid­ual users of the Plat­form, includ­ing with­out lim­i­ta­tion all mes­sages, and any oth­er con­tent which does not orig­i­nate with Whis­tle (“User Con­tent”), is the sole respon­si­bil­i­ty of the per­son who made such User Con­tent avail­able on the Plat­form. Under no cir­cum­stances will Whis­tle be liable in any way for any User Con­tent made avail­able through this Plat­form by you or any third par­ty.
Since Whis­tle does not con­trol the User Con­tent post­ed on the Plat­form, it does not guar­an­tee the truth­ful­ness, integri­ty, suit­abil­i­ty, or qual­i­ty of that User Con­tent, and it does not endorse such User Con­tent. You also agree and under­stand that by access­ing the Plat­form, you may encounter con­tent that you may con­sid­er to be objec­tion­able. User Con­tent is owned by the author there­of, and Whis­tle does not claim own­er­ship of orig­i­nal works cre­at­ed and post­ed by indi­vid­ual vis­i­tors to this Plat­form. Whis­tle reserves the right (but has no oblig­a­tion) in its sole dis­cre­tion to pre-screen, edit, refuse, move or remove any User Con­tent that is post­ed on the Plat­form. You agree that the exer­cise by Whis­tle of such dis­cre­tion shall not con­vert or trans­form User Con­tent to con­tent owned or pro­vid­ed by Whis­tle, and the user who made such User Con­tent avail­able on the Plat­form will retain own­er­ship there­of as described below.
As required by Cal­i­for­nia Law, we per­mit minors under the age of 18 to request the dele­tion of any con­tent or infor­ma­tion that the minor has pub­licly post­ed on our Plat­form. To request the removal of con­tent or infor­ma­tion you have post­ed on our Plat­form, please send a let­ter or email to the address below with (i) your name, (ii) a com­plete descrip­tion of the con­tent you would like removed, and (iii) the web address(es) of the con­tent you would like removed. Please be aware that our ful­fill­ment of this request does not ensure com­plete or com­pre­hen­sive removal of the con­tent or infor­ma­tion you have post­ed on our Platform.

Governing law; arbitration



These Terms shall be gov­erned by and con­strued in accor­dance with the laws of the State of Cal­i­for­nia and the Unit­ed States of Amer­i­ca, with­out resort to any con­flict of law pro­vi­sions. In the event of any con­tro­ver­sy or claim aris­ing out of or relat­ing in any way to these Terms or the Plat­form, you and Whis­tle agree to con­sult and nego­ti­ate with each oth­er and, rec­og­niz­ing your mutu­al inter­ests, try to reach a solu­tion sat­is­fac­to­ry to both par­ties. If the par­ties do not reach set­tle­ment with­in a peri­od of 60 days, then either of the par­ties may, by notice to the oth­er demand medi­a­tion under the medi­a­tion rules of the JAMS/Endispute (“JAMS”) in Los Ange­les, Cal­i­for­nia. Both you and Whis­tle both give up the right to lit­i­gate dis­putes and may not pro­ceed to arbi­tra­tion with­out first try­ing med­i­ta­tion, but you and Whis­tle are NOT required to arbi­trate any dis­pute in which either par­ty seeks equi­table and oth­er relief from the alleged unlaw­ful use of copy­rights, trade­marks, trade names, logos, trade secrets or patents. Whether the dis­pute is heard in arbi­tra­tion or in court, you and Whis­tle will not com­mence against the oth­er a class action, class arbi­tra­tion or oth­er rep­re­sen­ta­tive action or proceeding.

If set­tle­ment is not reached with­in 60 days after ser­vice of a writ­ten demand for medi­a­tion, any unre­solved con­tro­ver­sy or claim will be resolved by arbi­tra­tion in accor­dance with the rules of JAMS before a sin­gle arbi­tra­tor in Los Ange­les, Cal­i­for­nia. The lan­guage of all pro­ceed­ings and fil­ings will be Eng­lish. The arbi­tra­tor will ren­der a writ­ten opin­ion includ­ing find­ings of fact and law and the award and/or deter­mi­na­tion of the arbi­tra­tor will be bind­ing on the par­ties, and their respec­tive admin­is­tra­tors and assigns, and will not be sub­ject to appeal. Judg­ment may be entered upon the award of the arbi­tra­tor in any court of com­pe­tent juris­dic­tion. The expens­es of the arbi­tra­tion will be shared equal­ly by the par­ties unless the arbi­tra­tion deter­mines that the expens­es will be oth­er­wise assessed and the pre­vail­ing par­ty may be award­ed its attor­neys’ fees and expens­es by the arbi­tra­tor. It is the intent of the par­ties that, bar­ring extra­or­di­nary cir­cum­stances, arbi­tra­tion pro­ceed­ings will be con­clud­ed with­in 90 days from the date the arbi­tra­tor is appoint­ed. The arbi­tra­tor may extend this time lim­it only if fail­ure to do so would undu­ly prej­u­dice the rights of the par­ties. Fail­ure to adhere to this time lim­it will not con­sti­tute a basis for chal­leng­ing the award. Con­sis­tent with the expe­dit­ed nature of arbi­tra­tion, pre-hear­ing infor­ma­tion exchange will be lim­it­ed to the rea­son­able pro­duc­tion of rel­e­vant, non-priv­i­leged doc­u­ments, car­ried out expeditiously.

For any dis­putes that are not han­dled by arbi­tra­tion, you agree that any action at law or in equi­ty aris­ing out of or relat­ing to these Terms shall be filed only in the state and fed­er­al courts locat­ed in Los Ange­les, Cal­i­for­nia and you here­by irrev­o­ca­bly and uncon­di­tion­al­ly con­sent and sub­mit to the exclu­sive juris­dic­tion of such courts over any suit, action or pro­ceed­ing aris­ing out of these Terms or the use of the Platform.

Contact us

If you have any ques­tions about these Terms, please feel free to please con­tact us at:

Whis­tle Mes­sag­ing, Inc.
31416 Agoura Road #105
West­lake Vil­lage, CA, 91361
Unit­ed States