Terms and Conditions of Website and SMS/MMS Communications Use

​

1. Acceptance of Terms BDS, LLC (referred to as "Company," "us," or "we"), provides this website ("Site") and makes available certain offerings ("Offerings"), including SMS/MMS messaging services, subject to your compliance with the following Terms and Conditions of Use ("Terms").

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.

As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, contents, Offerings, and messaging services.

BY USING THIS SITE AND OFFERINGS ON THIS SITE, INCLUDING SMS/MMS MESSAGING, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE AND DISCONTINUE USE OF OUR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS, OR THESE TERMS IS TO CEASE USING THE SITE. THESE TERMS ARE EFFECTIVE ONCE YOU ACCESS OR INTERACT WITH THE SITE OR ENROLL IN SMS/MMS SERVICES.

2. Offerings Company provides a number of Offerings that include, but are not limited to, service-based solutions tailored to our clients' needs, as well as SMS/MMS communications such as appointment reminders, promotional messages, and service updates. We make no guarantees or warranties as to the outcome or results of our Offerings.

3. Payments If you choose to purchase services provided on our Site, you agree to pay all fees associated. Charges will be billed to the credit card we have on file. If a recurring service is chosen, charges will be billed in advance of service. You are responsible for maintaining accurate billing information. If payment fails, we reserve the right to suspend or terminate services and pursue collection including legal fees. All payment transactions are subject to compliance with applicable Texas state laws.

4. SMS/MMS Communications By providing your phone number and opting into our SMS/MMS program, you consent to receive text messages from BDS, LLC. Message frequency may vary depending on your interactions. Message and data rates may apply. Text "STOP" to opt-out or "HELP" for assistance. Consent to receive messages is not a condition of any purchase.

Messages may include service reminders, appointment confirmations, promotional offers, and updates regarding your services. We are not responsible for delays or failures in message delivery caused by mobile carriers or third-party providers. We comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable Texas regulations regarding mobile communications.

5. Conduct on Site and Third Party Links You agree not to misuse the Site or our messaging services, including but not limited to, harassment, unlawful behavior, or posting offensive content. The Site may contain links to third-party sites. We are not responsible for content or accuracy on external websites.

6. Intellectual Property All content on the Site, including text, images, software, logos, and any proprietary communications, are the property of BDS, LLC or its affiliates and are protected by applicable intellectual property laws. Unauthorized use is prohibited.

7. Submissions Any submissions (data, ideas, content, etc.) you send to us through the Site or messaging platforms shall be deemed non-confidential, and you grant us the right to use such submissions for business purposes without compensation.

8. Privacy & Security By registering or submitting information on the Site or via SMS/MMS, you agree that your data will be stored and used according to our Privacy Policy. It is your responsibility to maintain the security of your account. Our data handling practices comply with the Texas Identity Theft Enforcement and Protection Act (TITEPA), TCPA, and other applicable federal and Texas privacy laws.

9. Disclaimer of Warranties ALL OFFERINGS AND COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED UNDER TEXAS LAW.

10. Limitation of Liability Our liability to you for any damages shall not exceed the amount you paid us for services within the 12 months prior to the incident. We are not liable for any indirect, incidental, or consequential damages, except where such limitations are prohibited by Texas law.

11. Termination We may terminate your access to the Site, messaging services, or other Offerings at our sole discretion for any reason, including violations of these Terms. Upon termination, your right to use the Offerings and receive messages ceases immediately.

12. Miscellaneous This agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles. You agree to jurisdiction in the courts located in Texas. Any provision held unenforceable shall not affect the validity of remaining provisions. This is the entire agreement between the parties.