Terms of Use

TeamTexter® Terms of Use
Last Revised: December 27, 2021

1. Overview; Legal Agreement

These Terms of Use (the “Terms of Use“) set out the terms and conditions for use of TeamTexter services (the “Services”) provided by Paramount Technology Solutions, LLC d/b/a TeamTexter (“PTS”, “we,” “us,” or “our”).  The Services are provided through PTS’s TeamTexter platform (“TeamTexter”), which includes TeamTexter programs, features, websites, account portals, and technical support, as well as TeamTexter.io and various mobile apps, plugins and backend APIs.

The Terms of Use constitute a legal agreement between you (“Customer,” “you,” or “your,”) or the entity for which you are authorized to accept these Terms of Use and PTS.  YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE FOR YOU OR THE ENTITY FOR WHICH YOU ARE ACCEPTING THESE TERMS OF USE.  IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF USE, THEN CLICK ON THE “CANCEL” OR SIMILAR BUTTON, AND DO NOT USE THE SERVICES.

By clicking on the “Accept” button or similar button, or by using any of the Services, you agree (on your behalf or on behalf of the entity for which you are authorized to accept these Terms of Use) to be bound by the terms and conditions of these Terms of Use.

2. Applicability

These Terms of Use apply to all access to or use of the Services.  PTS provides the Services pursuant to these Terms of Use.

PTS may update and otherwise modify these Terms of Use from time to time. Any such modifications to these Terms of Use shall be posted on this TeamTexter website and you shall be notified by email of such modifications prior to the modifications becoming effective.  Your use any of the Services after the effective date of any such update constitutes your acceptance of the updated Terms of Use.

3. Service Availability

As part of the Services, we transmit text messages initiated by you (to one or more recipients) or sent to you by others through various third party telecommunications networks, and the level of reliability and support (including for special features) varies according to the network(s).  These networks are outside of our control and we are not responsible for the operation, reliability, or functionality of the networks.  Among other things, we cannot control the timeliness of the delivery of messages transmitted through the Services.  Such transmission and delivery times depend on various network and system-related factors involved in the transmission of your messages across third party networks and through the Internet.  In addition, network operators may assign text messages and other messages a maximum default duration and any message that cannot be delivered within the applicable duration may be discarded by the network operator without any notice.  You acknowledge and agree that PTS is not liable for any damages of any nature incurred by the failure of any message to be delivered or any delay in delivery.

In addition, you (and not PTS) are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and for paying all access charges (e.g., Internet Service Provider, telecommunications equipment and services, text charges, etc.) incurred to use the Services.  You acknowledge  that among other charges, standard charges apply to any test text sent originating from your account.

4. Storage and Use of Your Data

4.1. Privacy Policy. By accessing or using our Services, you acknowledge that you have reviewed and agree to the PTS Privacy Policy applicable to the Services. If you do not accept the terms of the Privacy Policy, you must stop using the Services immediately.

4.2. Deletion of Your Data.  Unless the PTS data retention policy for the TeamTexter Platform (the “TeamTexter Data Retention Policy”) states otherwise, PTS shall retain data you provide to PTS or send through the Services, for a limited time and may delete such data as PTS determines is necessary or appropriate.  By using or accessing the Services, you agree to our handling of your data pursuant to these Terms of Use and the TeamTexter Data Retention Policy.

5. Add-ons

We may make additional features and products offered by third parties (“Add-ons”) accessible through our Services. Your use of such Add-ons is subject to the terms and conditions imposed by the third party provider of such Add-ons.

6. Your Account

Before you can use our Services, you must create a user account and provide us with contact information, including your full name, telephone number, email address, and account password. All information that you provide about yourself while maintaining a TeamTexter account must be accurate, complete, and current.

You are solely responsible for all use (whether authorized or not) of our Services utilized through your user account. You are also solely responsible for all access to and use of your user account, and for all acts and omissions of anyone that has access to it.  You are required to keep your password confidential and let us know if it is compromised. If we determine that you misuse our Services or violate these Terms of Use, we can suspend or terminate your account and your use of the Services.

You are responsible for maintaining the confidentiality of your password. You agree to take reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify us of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We are not be liable for any loss or damage of any kind arising from unauthorized use of your account.

7. Use and Restrictions on Use of our Services

7.1.  Compliance with Law.  You agree to use the Services in accordance with all applicable local, state and federal laws. In order to confirm that your use of the Services does not violate any applicable law, we may, from time to time, periodically monitor the messages that you send, and if necessary, cooperate with law enforcement to discourage and prevent illegal use of the Services.

7.2. Communications with Contacts Must Comply with the Law. Without limiting the general provisions in Section 7.1 above, you also represent and warrant that the owners of the phone numbers to which you initiate messages through the Services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will include clear and unambiguous opt-out/unsubscribe information in your messages when required to do so by any applicable law or regulation, and that you will otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if it is applicable to your messages.

You further agree that any individuals requesting Do-Not-Call (“DNC”) status shall promptly be marked as opted out and that you will not initiate any further messages to any such individuals.

7.3. Obligation to be Aware of and Comply with Relevant Laws. You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations impose restrictions on certain types of phone calls and text messages.

7.4. Prohibited Uses of Our Services. You hereby agree that our Services are provided for professional use only, and you agree that you shall not use our Services for any of the following purposes:

  • Sending unsolicited marketing messages (i.e., spam);
  • Sending any prohibited calls to life-line services, such as hospitals, fire, police, 911, or utility- related telephone numbers;
  • Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;
  • Harvesting, or otherwise collecting, information about others without their consent;
  • Misleading others as to the identity of the sender of your messages by creating a false identity, impersonating the identity of someone/something else, or by providing contact details that do not belong to you;
  • Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind;
  • Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, trade secrets, or right of publicity;
  • Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful or deleterious programs;
  • Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
  • Interfering with another’s use of our Services;
  • Using the Services to illegally or improperly without authorization access third party websites or networks by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Services, host, or network, including, without limitation, by means of transmitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Services; (d) sending unsolicited email, including promotions and/or advertisements of products or services; or (e) forging any PTS packet header or any part of the header information in any email, instant message, text message, or newsgroup posting (including any related to the Services);
  • Engaging in any other activity that PTS determines could subject it to criminal or civil liability.

7.5  Other Limitations.

(a)        Use for Emergency Services Prohibited. You may not use the Services to access emergency services.

(b)        Reverse Engineering Our Software Prohibited. Except as allowed by applicable law, you shall not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of any software provided in connection with our Services.

(c)        Right to Reclaim Phone Numbers. We may reclaim any phone number from your account and to return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number, such that the phone number is unutilized or underutilized, as defined by any local or federal regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. We also reserve the right to reclaim phone numbers with no notice to you if your account is suspended for failure to pay or violation of these Terms of Use, or for suspected fraud.

(d)        PTS is Customer of Record. You acknowledge that PTS is the “customer of record” for all phone numbers provided as part of our Services, and as the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms of Use. Unless otherwise required by law, you may not port any phone number provided by PTS in connection with the Services, without our express written consent.

8. Content Submission

8.1. Confidential or Proprietary Information.

(a)        PTS shall not use and shall take commercially reasonable efforts not to disclose information that you transmit through the Services, except has may be necessary to provide the Services or comply with request for information by law enforcement officials. The text messages sent through the Services pass through networks owned or maintained by third party telecommunications, Internet or other service providers that PTS does not control, and PTS is not responsible for any use or disclosure of your information by such third parties.

(b)        Notwithstanding subsection (a) above, you acknowledge and agree that (a) the Services are not intended for the transmission of sensitive confidential or proprietary information, (b) any information or materials that you or individuals acting on your behalf transmit using the Services is not encrypted, and (c) you shall not transmit any sensitive confidential or proprietary information using the Services.

8.2. Online Forums. PTS may at its option provide you with one or more areas within the TeamTexter websites for online discussions (e.g., a message board, wiki, chat room, or blog).  If you participate in such a forum, you may not utilize the forum for illegal or inappropriate purposes and you hereby acknowledge that the limitations and restrictions set forth in Section 7 apply to your use of such forums. PTS may, but will not be obligated to, edit or delete postings in such forums at any time and for any reason. You also agree that you, and not PTS, is responsible for any content created or posted by you or other third parties within any such forum.

9. Intellectual Property

9.1     Ownership of the TeamTexter Website and Services.  You acknowledge that (a) as between PTS and you, all right, title, and interest in and to the TeamTexter website and the Services, and all derivatives thereof and any Intellectual Property Rights (as defined below) therein or arising therefrom are and shall remain the property of PTS, and these Terms of Use in no way convey any right or interest in the TeamTexter website or the Services other than the limited access and utilization thereof in accordance with these Terms of Use, and (b) the TeamTexter website and Services embody valuable confidential and trade secret information of PTS, the development of which required PTS’s expenditure of considerable time, money, and other resources, and which is a valuable asset of PTS.  “Intellectual Property Rights” means any worldwide patent, copyright, mask work, trademark, trade secret, or other intellectual property or proprietary right, whether registered or unregistered.

9.2     Feedback and Platform Enhancements.  You may provide to PTS feedback on the use of the TeamTexter website and the Services and acknowledges and agrees that such feedback shall be the confidential and proprietary information of PTS.  In addition, all designs, concepts, specifications, improvements, inventions (whether or not patentable), techniques, methodologies, discoveries, works of authorship, know-how, and other ideas and materials made, conceived, and/or developed based upon such feedback which pertain to or are directed to the enhancement of or other modifications to the TeamTexter website or the Services, whether prepared by PTS or you (collectively, the “Platform Enhancements”), and all Intellectual Property Rights therein or arising therefrom, shall be the exclusive property of PTS.  In the event that you have any right, title, and interest in or to any Platform Enhancements, or any and all Intellectual Property Rights related thereto or arising therefrom, you hereby transfer and assign to PTS all of such rights, title, and interest as such Platform Enhancements are conceived or created.

10. Payments

Your use of the Services is contingent on timely payment in full of the applicable fees, in the amounts and using the payment methods set forth on the TeamTexter website or otherwise provided by PTS. Because the Services are dependent on third party networks for the delivery of your messages, increases in the amounts charged by third party network providers may result in price increases for use of the Services.  We will notify you at least ten (10) days in advance of any such price increases.

PTS cannot readily and accurately ascertain your location when you use the Services. To the extent that you are responsible for any additional taxes or fees beyond those collected by PTS, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.  In the event that PTS becomes responsible for the collection of sales, use or other tax arising from your use of the Services, you shall pay (or reimburse) PTS for such tax amounts (including penalties and interest, if any).

As between you and PTS, you are responsible for all charges related to purchases made using your account and payment method.

In the event that you fail to pay when due any amount owed to PTS, PTS shall be entitled to recover from you any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agency fees, court costs, filing and service of process fees, reasonable attorneys’ fees, or any other costs, fees, and expenses incurred in the collection action.

11. Credits

11.1. Using Texting Credits. Texting credits are paperless vouchers that you purchase and which facilitate the provision of the Services. Both the network through which messages are sent and the destination of a message impact the price of credits required for transmitting the message using the Services. Additionally, the cost of such credits may change over time based on charges imposed by third party network providers and other factors.   You acknowledge that the price of credits needed to utilize the Services may change from time to time to reflect the charges imposed by third party network providers.

11.2. Expiration and Refunds of Credits. Credits purchased for use of the TeamTexter 2.0 Services do not expire and can be rolled over month-to-month; all other texting credits expire at the end of each month. Credits purchased are non-refundable.

12. Fee Disputes

In the event you wish to dispute any portion of any fees paid or payable by you for use of the Services, you must provide written notice to us within ninety (90) days of the applicable charge.  The notice must set forth in reasonable detail the basis for the dispute and any documentation that supports your claim.  If you do not provide us with this written notice within such 90-day period, then you acknowledge and agree that the amount charged is accurate and you waive any right to contest the amount of such charges.

13. No Warranty; Limitation of Liability

PTS may modify the Services at any time, which may include changes in the functionality or features of the Services and will notify you in advance of such changes.  You shall be deemed to have accepted the Services, as changed, by your continued us of the Services after such modifications.

You acknowledge that the Services are not intended for the transmission of confidential, trade secret or other sensitive information.  You acknowledge that the Services transmit text messages which are not encrypted by PTS or the third party network providers, such messages pass through your network and networks provided by third parties, and as a result PTS cannot control and is not liable for any interception of or access to such text messages by a third party.

PTS shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location.   PTS is not be responsible for (a) any act or omission of any other party involved in providing the Services (including, without limitation, communications carriers or ISPs) or otherwise related to the Services (including any third party involved in other PTS offerings); (b) any equipment used in connection with using the Service; or (c) any damages that result from the operation of customer-provided systems, equipment, facilities, or services that are used in connection with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, PTS DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., HACKING), NOR SHALL PTS BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. PTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS.

PTS MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  PTS MAKES NO WARRANTY OF ANY KIND REGARDING ANY EQUIPMENT OR OTHER PRODUCT, OR ANY SERVICES, PROVIDED BY A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY ADD-ONS).

PTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PTS’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE TEAMTEXTER SERVICES SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE AMOUNTS YOU HAVE PAID TO PTS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACT OR OMISSION GIVING RISE TO SUCH CLAIM OCCURS.

14. User Indemnification

You agree to indemnify and hold harmless PTS and our affiliates, as well as each of their respective officers, directors, managers, shareholders, members, employees, agents, contractors, representatives, content providers, service providers, and successors and assigns from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your use of the Services in any way that violates these Terms of Use, including but not limited to your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Services.

You agree to cooperate, at your cost and expense, in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.

We reserve the right, at your expense, to assume the exclusive control of any claim for which you are obligated to indemnify us pursuant to these Terms of Use.

15. Termination, Cancellation, and/or Suspension by PTS

If you fail to pay all amounts owed to PTS on or before the applicable due date or you otherwise breach these Terms of Use at any time, we may suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation.

Upon any such termination, cancellation, and/or suspension, you shall remain liable for any payment or other obligations that exists at the time of, or results from, such termination, cancellation or suspension.   Upon termination, for any reason, you shall immediately cease using the Services. If at the time of any termination you still have texting credits in your account, those credits shall terminate upon termination of your use of the Services.

The provisions of these Terms of Use regarding ownership, payments (including regarding collection costs), limitation of warranties (including Section 13), limitation of liability (including as set forth in Sections 3, 6 and 13), indemnifications and Sections 19-25 (inclusive) will survive any suspension, termination, or cancellation of your use of our Services.

16. Termination by You

You may terminate or cancel your use of the Services at any time, and for any reason.  In no event shall PTS refund to you any portion of fees paid for any unused Services or for the reasonable value of any unused credits previously purchased by you.

17. Links to Other Websites

The TeamTexter websites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by PTS of the contents on such third-party websites or of any product or service provided by a third party. PTS is not responsible or liable for the content of linked third party websites or the data security or usage policies of such websites, and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

18. Force Majeure

PTS shall not be liable for any failure or delay in performing our obligations hereunder caused by any fire, flood, earthquake, pandemic or epidemic, acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any network or the Internet, power failure, governmental restrictions, court order, changes in any law or regulation, or any other cause beyond the reasonable control of PTS.  In addition, PTS shall be so excused in the event that it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of our Services.

19. Choice of Law

These Terms of Use shall be governed by and construed in accordance with the substantive law of the State of New Hampshire, without regard to conflict of law principles that would cause laws of another jurisdiction to apply.

20. Agreement to Arbitrate.

20.1. Agreement to Binding Arbitration. If we are not able to resolve a dispute, you and we agree to resolve any dispute arising under these Terms of Use or relating to our Services solely by binding arbitration in Manchester, New Hampshire, except as set forth in Section 20.2 below.  The arbitration shall be before a single arbitrator that is mutually agreeable by the parties in accordance with the then-prevailing Rules of Commercial Arbitration of the American Arbitration Association (the “AAA Rules”); provided that if the parties cannot mutually agree upon a single arbitrator, then such claims shall be settled by a single arbitrator selected in accordance with the AAA Rules.  The arbitrator shall not contravene or vary in any respect any of the terms or provisions of these Terms of Use.  The award of the arbitrator shall be final and binding upon the parties hereto, and judgment upon such award may be entered in any court having jurisdiction thereof.  The fees charged by the arbitrator(s) shall be paid equally by the parties thereto, provided that each party shall be responsible for such party’s own attorneys’ fees and other costs.

20.2  Equitable Relief.  Neither this arbitration provision nor a pending arbitration shall prevent a party from seeking or obtaining injunctive or other equitable relief for any matter at any time.  Any suit for equitable relief may only be brought in a United States District Court located in the State of New Hampshire or in the Hillsborough County Superior Court of the State of New Hampshire.  Each of the parties irrevocably consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

20.3  UN Convention on Contracts.  The provisions of the United Nations Convention on Contracts for the International Sale of Goods are hereby excluded.

21. Entire Agreement

The Terms of Use constitute the complete agreement between PTS and you with respect to use of the TeamTexter website and the Services. These Terms of Use supersede all prior and contemporaneous proposals, statements, sales materials, presentations, and agreements, whether oral or written regarding such use.

22. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary or (if necessary) eliminated so that these Terms of Use will otherwise remain in full force and effect and enforceable.

23. No Waiver

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any waiver must be in writing and signed by the party providing the waiver.

24. Relationship of the Parties

You and PTS are each independent contractors in the performance of each and every part of these Terms of Use. No agency, partnership, joint venture, franchise, or employer-employee relationship is created as a result of these Terms of Use.

You do not have any authority of any kind to bind PTS in any respect whatsoever, and you shall not attempt to do so or imply that you have the right to do so.

25. Notice

25.1.  General.  Except as set forth in Section 25.2 below, all notices hereunder shall be in writing and will be deemed to have been duly given (a) when received, if personally delivered; (b) when receipt is electronically confirmed if sent by e-mail at support@teamtexter.io; (c) on the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service; and (d) on the third (3rd) business day after mailing, if sent by certified or registered mail, return receipt requested.

25.2 Notices Regarding These Terms of Use.  PTS may give to you notice regarding these Terms of Use (including any changes) by means of a general notice on the PTS website, through the Services, or by email to your email address on record in PTS’s account information for you, or pursuant to Section 25.1 above.