ENGAGE members & leads Lucid Contact engages your members & leads in conversations automatically without losing personability. Lucid is focused on response and engaging your members & leads in real-time conversations designed around the processes of your business.
ENFORCE and automate processes Lucid Contact enforces the processes required for customer acquistion and retention. Acquire and keep market share using Lucid's Customer Engagement platform. Customize and automate each process needed to progress and retain customers.
ENSURE communication & follow up Lucid Contact initiates conversations with members & leads inviting response. Easily communicate with your members & leads regardless of where they are and what form of communication they use.
Lucid Contact leverages member & lead information and enforces communication, marketing, and communication relative to your customer base. Accomplish 3 basic business objectives:
Lucid Contact helps your business realize the revenue you spend on marketing and advertising. Enforce follow up processes surrounding potential customers using Lucid Contact's Customer Engagement Platform. Based on relevant dates and times associated with the potential customer, Lucid Contact will automatically follow up and engage them in real time conversation. Don't lose another opportunity because follow up didn't happen! Ensure that communication is happening consistently with each person individually through Lucid Contact.
Every service or product your business provides should have a lifecycle or process associated. Lucid Contact automatically initiates contact with your members & leads ensuring that schedules are full, reminders are sent, and follows up on your members & leads are done. Engage your customer base in relevant, real-time conversations and allow your members & leads an easy way to respond to you and your staff immediately.
Lucid Contact will follow up with customers based on services, customer service calls, products, and appointments that are specifically tied to them. Gather feedback from your members & leads in real-time using the Lucid Contact survey engine. Ask direct questions after a service is provided, send a questionaire, or send them a message to let them know you care... automatically.
Receive feedback from up to 46% of your customers
Gaining customer feedback is extremely important. Lucid Contact allows you to gain feedback from your customers using a methodology your customers will respond to. Creating your surveys can be done in minutes and can be automatically sent to your customers after any service, product, or follow up type. Our surveys can also be initiated by your customer. Stop paying companies or employees to gather feedback. Let Lucid Contact do it for you automatically, easily and effectively. Because Lucid Contact focuses on gaining response, our surveys are sent out to the right person, with the right message, at the most appropriate time they are likely to respond.
Attach Surveys to processes associated with the member or prospect experience.
Gaining customer feedback is a challenge for most businesses but extremely vital to your continued success. Lucid Contact allows you to automate surveys after any interaction between your business and the customer. Each question sent is answered and generates the next question until the survey is complete. Lucid Contact graphs the responses and generates reports giving you real-time feedback.
Because all surveys and messages are sent from a local number, the illusion of you reaching out personally is achieved and the likelihood of response is much greater.
Lucid Contact to date is the only company in the world that allows businesses to survey their clients via local number SMS and the response is AMAZING! Why? Managing the perception of your target market is important. Every person wants to feel singled out. Because of our methodology, your target audience thinks you are personally taking a moment to reach out. This change of perception increases response rates and allows for a true personal relationship between you and your customer.
What if almost half of every survey sent to your members & leads were completed? Imagine. Half. You'll find that your customers are happy to give feedback as long as it's not intrusive and can be done at their convenience. Customers want to be heard and Lucid Contact has created a powerful and convenient method that will let your customers communicate directly with your business and staff on their terms.
Lucid Contact has made managing your businesses appointments simple.
The Lucid Appointment Calendar will allow you to set appointments with automated email and text reminders. As part of the process surrounding the appointment, you can also automatically reschedule missed appointments and opportunities and even get feedback. Don’t miss out on revenue you have paid marketing, advertising, and overhead dollars for. Lucid Contacts automates the entire process surrounding the appointment and keeps your Calendar full.
Lucid Contact sends all messages from a local number we assign to your business. The combination of local number and personalized question based messages generates responses from your members & leads. Upon response, Lucid Contact will route that call, email, or text straight to you and your staff. Add multiple reminders and thank or follow up with your customer individually after the appointment is completed. Upon missing their appointment, Lucid Contact will automatically try to reschedule that customer within hours of the broken appointment. Use Lucid Contact to create simple, easy, and automated processes to enforce the communication needed for each customer. Lucid Contact is a cost effective way to ensure that your customers attend their appointments or have a convenient, immediate way to contact you to reschedule. Stop losing potential revenue and sign up today.
Lucid Contact can be accessed from any device or browser from anywhere you have an internet connection. All customer information, notes, history and communication can be seen and initiated on the go, at home or from the office.
A simple to use, but comprehensive program was priority #1 at Lucid Contact. Once you have become a valued Lucid Contact Customer, we make sure that you have the necessary training and support you need. Training is quick and easy. Implementation for your business is painless. Lucid Contact will help you every step of the way to ensure you are finding success.
Lucid Contact is proud to contribute to the health and wellness of our military veterans in partnership with the following organizations:
(562) 314-3414; 1 for Sales, 2 for Support
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These Terms and Conditions, along with the Order Confirmation (collectively, the "Terms," or the "User Agreement") describe the terms and conditions on which Lucid Contact, LLC ("we", "our" or "Lucid Contact, LLC") offers a user ("Customer", "User", "you", "your" or "subscriber") access to the online solution and total solution packages described on its website located at www.lucidcontact.com ("Services"). If you have a question about this User Agreement, please contact us by sending an e-mail to service@lucidcontact.com.
By submitting your Order, or by accepting the Terms on-line as provided when you login to your account, you agree to the Terms. We may amend the Terms at any time by providing notice to you of any changes. Your sole option, if you do not agree to the changes, will be to terminate the User Agreement within fifteen (15) days of any notice of change. Otherwise, your continued use of our Services will signify your acceptance of any amended Terms. The Terms may not be otherwise amended except in a writing signed by both parties. Further, in the event that a Customer fails to expressly accept the Terms on-line, then the customer’s use of the Services for any thirty (30) day period shall signify the Customer’s acceptance of the Terms. Throughout this User Agreement, (i) the phrase "in our discretion" or "in its discretion" means in Lucid Contact, LLC\'s sole and arbitrary discretion and (ii) the term "including" means "including without limitation." Lucid Contact, LLC reserves the right to reject this User Agreement for any reason or no reason, prior to acceptance thereof by Lucid Contact, LLC. Activation of any Service shall indicate Lucid Contact, LLC\'s acceptance of this User Agreement.
Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Services are not available to Users where use of the Services has been suspended or terminated.
You must submit a completed Order on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. Your Order can be submitted through our website, at www.lucidcontact.com (the "Website"), or by telephone through one of our sales representatives. In each case, you will receive an Order Confirmation which will summarize your Order, allow you to submit all necessary information for us to perform the Services, and provide a link to these Terms (the "Order Confirmation"). By submitting your Order, you agree to these Terms and you also represent that (a) you are eighteen (18) years or older and, if applicable, (b) you are authorized to bind the corporation, partnership or other legal entity that will be using the Services. Your "Order Confirmation" includes your personal information, credit card information and any Services and related fees you select.
Lucid Contact, LLC may refuse the Services to anyone at any time, in our discretion. Lucid Contact, LLC reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. In the event that Lucid Contact, LLC discontinues the Services because any payment is or becomes past due, then Lucid Contact, LLC reserves the right to collect all outstanding amounts for any month(s) in which the Services were provided (i.e. any month before the Services were discontinued). Otherwise, Lucid Contact, LLC will refund you amounts it has charged you for each whole month of prepaid service for which Lucid Contact, LLC refused or discontinued Services, as such amounts are determined by Lucid Contact, LLC, only if (i) Lucid Contact, LLC exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued Services. Lucid Contact, LLC shall not be liable to you or any third-party for any termination of your access to the Services except as set forth herein.
You expressly grant Lucid Contact, LLC the authority to act as your agent for the limited purpose of sending text/SMS Messages on your behalf. The information you provide in the Order Confirmation will be the information used by Lucid Contact, LLC to send and receive SMS Messages.
You represent that you have all necessary rights to use the business name submitted with your Order and that your use of the name will not infringe upon the intellectual property rights of others. You will be solely liable for violations of this Section. In addition, you acknowledge that Lucid Contact, LLC retains all rights to any domain names, local DID telephone numbers, and any other materials of any nature used in the provision of the Services, even if such property was associated exclusively with your business during the term of this User Agreement.
You will provide to Lucid Contact, LLC only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. Lucid Contact, LLC, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. No refunds will be made as a result of your failure to provide complete and accurate information during your Order.
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the Services.
By clicking “I agree” you agree that the term of service will be for:
For purposes herein, the aforementioned 12 Month Term may all be referred to collectively or individually as the “Contract Term.” Upon expiration of any Contract Term listed above, a subsequent term of this User Agreement shall automatically renew on a monthly basis at the previous monthly price without further action by you (“Renewal Terms”) unless you give Lucid Contact, LLC written notice of non-renewal in accordance with Section 3.7 below. After the completion of any Contract Term, you will subsequently be acquiring the Services for full monthly Renewal Terms, meaning that if you attempt to terminate the Services prior to the end of a Renewal Term, you will be responsible for the full month\'s charges to the end of the then-current term which will immediately become due and payable. Expiration of the Service Term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the User Agreement.
All cancellations must be in writing and sent by email to service@lucidcontact.com or by mail to the following address:
LUCID CONTACT, LLC
2116 25TH ST.
IDAHO FALLS, ID 83401
Cancellation requests must be received AT LEAST FIVE (5) DAYS prior to the end of the applicable Contract Term or Renewal Term to be effective. Cancellations will only be made effective if your account is current on payment.
All early cancellations must be in writing and sent by email to service@lucidcontact.com or by mail to the following address:
LUCID CONTACT, LLC
2116 25TH ST.
IDAHO FALLS, ID 83401
Early cancellation requests may be made AT ANY TIME during the applicable Contract Term or Renewal Term. Early cancellation requests will only be made effective if your account is current on payment. Upon the execution of an early cancellation, you agree to pay an Early Cancellation Fee of fifty percent (50%) of your monthly premium per month for each month remaining on the Contract Term or Renewal Term. In the event that you cancel at any time during a Renewal Term, you agree to pay the full monthly premium for that month.
Lucid Contact, LLC or its authorized representatives will charge you fees in accordance with the rates contained in the Order Confirmation. Activation Fees, where applicable, will be due and payable upon the Activation Date. Monthly Service Fees will be due and payable at the start of each month of Service. The first month’s fee will be due and payable as of the Activation Date. You are responsible for paying all fees associated with using the Services and all applicable taxes.
Lucid Contact, LLC may only change the Monthly Service Fees during a Renewal Term by providing you written notice of such changes. Such changes will become effective fifteen (15) days after notice of those changes and will apply to the current monthly term unless you have provided Lucid Contact, LLC of your desire to cancel the Services. In such case, the previously applicable Monthly Service Fees will be charged for the final month of Service before termination.
You will be required to place a credit card (Visa, MasterCard, American Express, or Discover) on file for automatic billing prior to using the Services. Your Monthly Service Fees will be automatically charged to your credit card on file. You will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law if your account becomes past due. Your account may be suspended for non-payment. You will reimburse Lucid Contact, LLC for any costs arising from initiation of collections activity.
Lucid Contact, LLC may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting Lucid Contact, LLC customer service. Credits will be granted in Lucid Contact, LLC’s discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event Lucid Contact, LLC cancels the Services for a violation by you of these Terms.
Customer agrees to pay for all services within the terms agreed upon and agrees to pay a service charge per month of 1-1/2% per month (18% annual percentage rate) on all past due balances. In the event any third parties are employed to collect any outstanding monies owed by Customer, the Customer agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred. You represent that you have the authority to execute this agreement as or on behalf of the Customer.
At all times hereto, including upon termination or expiration of the User Agreement, any “Virtual” Telephone Number which is used or has been used by Customer shall be owned exclusively by Lucid Contact, LLC. Customer agrees that it has no right, title, or ownership interest in the Virtual Number, but instead is leasing the number as part of the Services. At no time may Customer purchase the number from Lucid Contact, LLC. However, in the event that Customer or Lucid Contact, LLC terminates the Services, Customer may elect to continue its use of the number by leasing it from Lucid Contact, LLC for $249.99 per month.
You agree to use the Services only for lawful purposes. Lucid Contact, LLC reserves the right to terminate your Service immediately and without advance notice if Lucid Contact, LLC, in its sole discretion, believes that you have violated the terms of this User Agreement, leaving you responsible for the full month\'s current charges which will immediately become due and payable.
You will, at your own expense, indemnify, defend and hold Lucid Contact, LLC, its authorized representatives, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this User Agreement by you; (c) any third-party claim, action or allegation brought against Lucid Contact, LLC arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or the rights of a third party. Lucid Contact, LLC will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on Lucid Contact, LLC’s behalf without the prior written consent of Lucid Contact, LLC. (e) You certify that you have permission from each of your customers to send them text/SMS messages or surveys to their mobile phone and have opted into your program or you have followed the rules and regulations set forth by the FCC and those whom you do not have a business relationship with. Lucid Contact will not tolerate “SPAM” messaging and will terminate your agreement immediately if you do so. If our agreement is terminated because of “SPAM” you are responsible to pay the remaining months of the term of the agreement.
Neither Lucid Contact, LLC nor its suppliers and authorized representatives will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this User Agreement even if Lucid Contact, LLC or its supplier or authorized representative is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use the Services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services.
In our discretion, we may immediately issue a warning, temporarily suspend, or terminate your use of the Services if you breach any provision of this User Agreement. This Section does not limit any other remedies that may be available to Lucid Contact, LLC.
Except for the limited purpose stated in the “Authority” Section, you and Lucid Contact, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, any notices will be given by email to service@lucidcontact.com (in the case of Lucid Contact, LLC) or to the email address you provide to Lucid Contact, LLC in the Order Confirmation (in your case), or such other address as the party will specify. Notice will be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lucid Contact, LLC in the Order Confirmation. In such case, notice will be deemed given three (3) days after the date of mailing.
Prior to either party filing any legal complaint and/or legal document in any District Court in accordance with Section 7.5, the parties agree to mediate any dispute arising from this User Agreement. Any mediation that takes place in accordance with this section shall take place in Bexar County, Texas, unless Lucid Contact, LLC agrees otherwise. In order to initiate the mandatory mediation, the aggrieved party shall provide the non-aggrieved party with notice of its intent to mediate the dispute (the “Notice”). The Notice shall be dated, and in writing, and shall provide sufficient details of the dispute to apprise the other party of the basis of the aggrieved party’s claims. Within ten (10) days of the date on the Notice, (i) the non-aggrieved party shall confirm its receipt of the notice with the aggrieved party, (ii) the parties shall agree upon a length of time for the mediation, which shall be at least one (1) day, but not more than three (3) days, (iii) the parties shall schedule a date for mediation with the aggrieved party, which such mediation shall be not less than thirty (30) days from the date listed on the Notice, but not more than ninety (90) days from the date listed on the Notice, and (iv) the parties shall select a mediator. In the event that the parties cannot agree upon a mediator, each party shall select one name from a list of mediators maintained by any bona fide dispute resolution provider or other private mediator, and the two selected mediators shall then choose a third person who will serve as mediator. The parties acknowledge and agree that any mediated settlement agreement may be converted to a judgment and enforced according to the Texas Rules of Civil Procedure. The parties agree to share the mediator’s fees equally. In the event that either party hereto fails to cooperate in a reasonable manner in the scheduling and/or facilitation of the mediation contemplated herein, then the cooperating party will have the right to recover from the non-cooperating party its costs and reasonable attorneys fees incurred in connection with any subsequent suit, or other proceeding, including costs, fees, and expenses on appeal.
Texas law will govern this User Agreement, except for the body of law relating to conflicts of law. Subject to Section 7.4, venue for any legal action will be the federal or state courts of Bexar County, Texas. The prevailing party in any litigation in connection with this User Agreement will be entitled to recover from the other party its costs and reasonable attorneys\' fees and other expenses.
A party\'s failure to enforce any provision of this User Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this User Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this User Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Should the terms of this User Agreement directly conflict with any terms summarized in the Order Confirmation, the terms of the Order Confirmation shall prevail.
You also agree that by accepting this agreement you are not a competitor after proprietary technology or idea shopping. It is understood that one you accept the terms of this agreement, you will not try to reverse engineer, use, incorporate, are or become involved in a business that is in direct competition with Lucid Contact and will not use the account as a way of corporate spying.
These Terms and Conditions, along with the Order Confirmation (collectively, the "Terms," or the "User Agreement") describe the terms and conditions on which Lucid Contact, LLC ("we", "our" or "Lucid Contact, LLC") offers a user ("Customer", "User", "you", "your" or "subscriber") access to the online solution and total solution packages described on its website located at www.lucidcontact.com ("Services"). If you have a question about this User Agreement, please contact us by sending an e-mail to service@lucidcontact.com.
By submitting your Order, or by accepting the Terms on-line as provided when you login to your account, you agree to the Terms. We may amend the Terms at any time by providing notice to you of any changes. Your sole option, if you do not agree to the changes, will be to terminate the User Agreement within fifteen (15) days of any notice of change. Otherwise, your continued use of our Services will signify your acceptance of any amended Terms. The Terms may not be otherwise amended except in a writing signed by both parties. Further, in the event that a Customer fails to expressly accept the Terms on-line, then the customer’s use of the Services for any thirty (30) day period shall signify the Customer’s acceptance of the Terms. Throughout this User Agreement, (i) the phrase "in our discretion" or "in its discretion" means in Lucid Contact, LLC\'s sole and arbitrary discretion and (ii) the term "including" means "including without limitation." Lucid Contact, LLC reserves the right to reject this User Agreement for any reason or no reason, prior to acceptance thereof by Lucid Contact, LLC. Activation of any Service shall indicate Lucid Contact, LLC\'s acceptance of this User Agreement.
Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Services are not available to Users where use of the Services has been suspended or terminated.
You must submit a completed Order on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. Your Order can be submitted through our website, at www.lucidcontact.com (the "Website"), or by telephone through one of our sales representatives. In each case, you will receive an Order Confirmation which will summarize your Order, allow you to submit all necessary information for us to perform the Services, and provide a link to these Terms (the "Order Confirmation"). By submitting your Order, you agree to these Terms and you also represent that (a) you are eighteen (18) years or older and, if applicable, (b) you are authorized to bind the corporation, partnership or other legal entity that will be using the Services. Your "Order Confirmation" includes your personal information, credit card information and any Services and related fees you select.
Lucid Contact, LLC may refuse the Services to anyone at any time, in our discretion. Lucid Contact, LLC reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. In the event that Lucid Contact, LLC discontinues the Services because any payment is or becomes past due, then Lucid Contact, LLC reserves the right to collect all outstanding amounts for any month(s) in which the Services were provided (i.e. any month before the Services were discontinued). Otherwise, Lucid Contact, LLC will refund you amounts it has charged you for each whole month of prepaid service for which Lucid Contact, LLC refused or discontinued Services, as such amounts are determined by Lucid Contact, LLC, only if (i) Lucid Contact, LLC exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued Services. Lucid Contact, LLC shall not be liable to you or any third-party for any termination of your access to the Services except as set forth herein.
You expressly grant Lucid Contact, LLC the authority to act as your agent for the limited purpose of sending text/SMS Messages on your behalf. The information you provide in the Order Confirmation will be the information used by Lucid Contact, LLC to send and receive SMS Messages.
You represent that you have all necessary rights to use the business name submitted with your Order and that your use of the name will not infringe upon the intellectual property rights of others. You will be solely liable for violations of this Section. In addition, you acknowledge that Lucid Contact, LLC retains all rights to any domain names, local DID telephone numbers, and any other materials of any nature used in the provision of the Services, even if such property was associated exclusively with your business during the term of this User Agreement.
You will provide to Lucid Contact, LLC only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. Lucid Contact, LLC, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. No refunds will be made as a result of your failure to provide complete and accurate information during your Order.
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the Services.
By clicking “I agree” you agree that the term of service will be for:
For purposes herein, the aforementioned Monthly Term may all be referred to collectively or individually as the “Monthly Term.” Upon expiration of any Monthly Term listed above, a subsequent term of this User Agreement shall automatically renew on a monthly basis at the previous monthly price without further action by you (“Renewal Terms”) unless you give Lucid Contact, LLC written notice of non-renewal in accordance with Section 3.7 below. After the completion of any Monthly Term, you will subsequently be acquiring the Services for full monthly Renewal Terms, meaning that if you attempt to terminate the Services prior to the end of a Renewal Term, you will be responsible for the full month\'s charges to the end of the then-current term which will immediately become due and payable. Expiration of the Service Term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the User Agreement.
All cancellations must be in writing and sent by email to service@lucidcontact.com or by mail to the following address:
LUCID CONTACT, LLC
2116 25TH ST.
IDAHO FALLS, ID 83401
Cancellation requests must be received AT LEAST FIVE (5) DAYS prior to the end of the applicable Monthly Term or Renewal Term to be effective. Cancellations will only be made effective if your account is current on payment.
All early cancellations must be in writing and sent by email to service@lucidcontact.com or by mail to the following address:
LUCID CONTACT, LLC
2116 25TH ST.
IDAHO FALLS, ID 83401
Early cancellation requests may be made AT ANY TIME during the applicable Monthly Term or Renewal Term. Early cancellation requests will only be made effective if your account is current on payment. Upon the execution of an early cancellation, you agree to pay an Early Cancellation Fee of fifty percent (50%) of your monthly premium for each month remaining on the Monthly Term or Renewal Term. In the event that you cancel at any time during a Renewal Term, you agree to pay the full monthly premium for that month.
Lucid Contact, LLC or its authorized representatives will charge you fees in accordance with the rates contained in the Order Confirmation. Activation Fees, where applicable, will be due and payable upon the Activation Date. Monthly Service Fees will be due and payable at the start of each month of Service. The first month’s fee will be due and payable as of the Activation Date. You are responsible for paying all fees associated with using the Services and all applicable taxes.
Lucid Contact, LLC may only change the Monthly Service Fees during a Renewal Term by providing you written notice of such changes. Such changes will become effective fifteen (15) days after notice of those changes and will apply to the current monthly term unless you have provided Lucid Contact, LLC of your desire to cancel the Services. In such case, the previously applicable Monthly Service Fees will be charged for the final month of Service before termination.
You will be required to place a credit card (Visa, MasterCard, American Express, or Discover) on file for automatic billing prior to using the Services. Your Monthly Service Fees will be automatically charged to your credit card on file. You will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law if your account becomes past due. Your account may be suspended for non-payment. You will reimburse Lucid Contact, LLC for any costs arising from initiation of collections activity.
Lucid Contact, LLC may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting Lucid Contact, LLC customer service. Credits will be granted in Lucid Contact, LLC’s discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event Lucid Contact, LLC cancels the Services for a violation by you of these Terms.
Customer agrees to pay for all services within the terms agreed upon and agrees to pay a service charge per month of 1-1/2% per month (18% annual percentage rate) on all past due balances. In the event any third parties are employed to collect any outstanding monies owed by Customer, the Customer agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred. You represent that you have the authority to execute this agreement as or on behalf of the Customer.
At all times hereto, including upon termination or expiration of the User Agreement, any “Virtual” Telephone Number which is used or has been used by Customer shall be owned exclusively by Lucid Contact, LLC. Customer agrees that it has no right, title, or ownership interest in the Virtual Number, but instead is leasing the number as part of the Services. At no time may Customer purchase the number from Lucid Contact, LLC. However, in the event that Customer or Lucid Contact, LLC terminates the Services, Customer may elect to continue its use of the number by leasing it from Lucid Contact, LLC for $249.99 per month.
You agree to use the Services only for lawful purposes. Lucid Contact, LLC reserves the right to terminate your Service immediately and without advance notice if Lucid Contact, LLC, in its sole discretion, believes that you have violated the terms of this User Agreement, leaving you responsible for the full month\'s current charges which will immediately become due and payable.
You will, at your own expense, indemnify, defend and hold Lucid Contact, LLC, its authorized representatives, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this User Agreement by you; (c) any third-party claim, action or allegation brought against Lucid Contact, LLC arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or the rights of a third party. Lucid Contact, LLC will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on Lucid Contact, LLC’s behalf without the prior written consent of Lucid Contact, LLC. (e) You certify that you have permission from each of your customers to send them text/SMS messages or surveys to their mobile phone and have opted into your program or you have followed the rules and regulations set forth by the FCC and those whom you do not have a business relationship with. Lucid Contact will not tolerate “SPAM” messaging and will terminate your agreement immediately if you do so. If our agreement is terminated because of “SPAM” you are responsible to pay the remaining months of the term of the agreement.
Neither Lucid Contact, LLC nor its suppliers and authorized representatives will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this User Agreement even if Lucid Contact, LLC or its supplier or authorized representative is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use the Services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services.
In our discretion, we may immediately issue a warning, temporarily suspend, or terminate your use of the Services if you breach any provision of this User Agreement. This Section does not limit any other remedies that may be available to Lucid Contact, LLC.
Except for the limited purpose stated in the “Authority” Section, you and Lucid Contact, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, any notices will be given by email to service@lucidcontact.com (in the case of Lucid Contact, LLC) or to the email address you provide to Lucid Contact, LLC in the Order Confirmation (in your case), or such other address as the party will specify. Notice will be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lucid Contact, LLC in the Order Confirmation. In such case, notice will be deemed given three (3) days after the date of mailing.
Prior to either party filing any legal complaint and/or legal document in any District Court in accordance with Section 7.5, the parties agree to mediate any dispute arising from this User Agreement. Any mediation that takes place in accordance with this section shall take place in Bexar County, Texas, unless Lucid Contact, LLC agrees otherwise. In order to initiate the mandatory mediation, the aggrieved party shall provide the non-aggrieved party with notice of its intent to mediate the dispute (the “Notice”). The Notice shall be dated, and in writing, and shall provide sufficient details of the dispute to apprise the other party of the basis of the aggrieved party’s claims. Within ten (10) days of the date on the Notice, (i) the non-aggrieved party shall confirm its receipt of the notice with the aggrieved party, (ii) the parties shall agree upon a length of time for the mediation, which shall be at least one (1) day, but not more than three (3) days, (iii) the parties shall schedule a date for mediation with the aggrieved party, which such mediation shall be not less than thirty (30) days from the date listed on the Notice, but not more than ninety (90) days from the date listed on the Notice, and (iv) the parties shall select a mediator. In the event that the parties cannot agree upon a mediator, each party shall select one name from a list of mediators maintained by any bona fide dispute resolution provider or other private mediator, and the two selected mediators shall then choose a third person who will serve as mediator. The parties acknowledge and agree that any mediated settlement agreement may be converted to a judgment and enforced according to the Texas Rules of Civil Procedure. The parties agree to share the mediator’s fees equally. In the event that either party hereto fails to cooperate in a reasonable manner in the scheduling and/or facilitation of the mediation contemplated herein, then the cooperating party will have the right to recover from the non-cooperating party its costs and reasonable attorneys fees incurred in connection with any subsequent suit, or other proceeding, including costs, fees, and expenses on appeal.
Texas law will govern this User Agreement, except for the body of law relating to conflicts of law. Subject to Section 7.4, venue for any legal action will be the federal or state courts of Bexar County, Texas. The prevailing party in any litigation in connection with this User Agreement will be entitled to recover from the other party its costs and reasonable attorneys\' fees and other expenses.
A party\'s failure to enforce any provision of this User Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this User Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this User Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Should the terms of this User Agreement directly conflict with any terms summarized in the Order Confirmation, the terms of the Order Confirmation shall prevail.
You also agree that by accepting this agreement you are not a competitor after proprietary technology or idea shopping. It is understood that one you accept the terms of this agreement, you will not try to reverse engineer, use, incorporate, are or become involved in a business that is in direct competition with Lucid Contact and will not use the account as a way of corporate spying.
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