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By using TxtMobster.com you accept these terms
1. About TxtMobster.com and this Terms of Service Agreement
TxtMobster.com (the "Site") is owned and operated by TxtMobster LLC ("TxtMobster") and allows You to set up an account to (1) generate computer code that enables You to incorporate the TxtMobster sign-up Module (the "Module") in web sites of Your choosing which people ("Subscribers") can use to opt-in to receive text alerts from You, and (2) send text alerts to Your opt-in Subscribers either from Your mobile phone or from the Site. TxtMobster reserves the right, as stated in this Terms of Service Agreement (the "Agreement"), to restrict placements of the Module on certain web pages solely at TxtMobster's discretion. ALL of Your data and Your opt-in Subscriber data is kept confidential and is never shared with any third party, except as stated by legal exception herein. By using the Site You agree to be bound by this Agreement, whether or not You create an account. If You wish to create an account and make use of the Site services (the "Service" or "Services"), please read this Agreement and indicate Your acceptance by following the instructions during the registration process 2. Registration
Upon registration for the Services, You will be required to provide a valid e-mail address that You control. If You are experiencing problems with the Services or have questions about how the Services work please Contact Us.
The Site provides You with the opportunity to register one mobile phone number in order to fully utilize the Services. If you decide to register with your mobile phone number you may be required to verify ownership of Your mobile phone number immediately after the registration process is complete by following a simple process of entering a confirmation code when prompted in the Account Management pages at initial log in. This code will be sent to You via text message to the mobile phone number You designate during the registration process.
Neither TxtMobster nor the Site charges You anything per text message sent to You or sent by You when using the Site Services. Under no circumstances will TxtMobster.com, TxtMobster, or corporate affiliates be responsible for any wireless email or text messaging charges incurred by You or by a person that has access to a Your wireless device, mobile device, or email address.
In the future, TxtMobster may introduce additional Services for your use and you will be required to pay TxtMobster, at rates that would be clearly published on the Site, in order to utilize such Services. If and when such additional Services are offered for your use you will not be required to use such additional Services to continue using the current Service.
This Agreement shall remain in full force and effect while You use the Site, the Service, and/or maintain an account. You should check back frequently and review the terms and conditions of this Agreement regularly so You are aware of the most current rights and obligations that apply to You and the terms and conditions of Your agreement with Us. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. You are bound by any minor changes to the Agreement. If, however, Your Personally Identifiable Information is going to be used in a manner materially different from that stated at the time of collection TxtMobster will notify You by e-mail.
5. Suspension of Services
You may terminate Your account at any time for any reason by following the instructions in Your Member Pages of the Site. If You terminate Your account, You will not be entitled to a refund for any unused portion of subscription fees You may have already paid to use the Services. If TxtMobster terminates Your account because You have breached the Agreement or for any other reason determined by TxtMobster, You shall not be entitled to a refund of any unused portion of fees You may have already paid to use the Services. Even after an account is terminated, this Agreement will remain in full effect in it's entirety. By using the Services and becoming an account holder, You acknowledge that there are charges to use the Services and TxtMobster has the right to terminate an account should the holder of that account breach this Agreement.
You understand, acknowledge, and agree that TxtMobster may, at its sole discretion and without liability to You, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. TxtMobster may provide notice of terminations or changes in services on the Site.
7. Content on the Site
The Site includes a combination of content that we create, that our partners create, and that You create. All materials published on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If You would like to request permission to use any of the content on our sites, please review our Copyright Notice.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that You upload, post, e-mail, transmit, or otherwise make available in conjunction with use of the Services and on the Site itself. You certify that You own all intellectual property rights to Your content. You hereby grant TxtMobster, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your content and subsequent versions of Your content for the purposes of (i) displaying Your content on our Site, (ii) distributing Your content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your content in any form, medium, or technology now known or later developed. No right, title or interest in any downloaded materials is transferred to You as a result of any downloading from the Site.
Information provided by You may contain inaccurate, inappropriate or offensive material, products or services and we assume no responsibility or liability for this material. We reserve the right to reject, refuse to post, or remove any of Your content, or to restrict, suspend, or terminate Your access to all or any part of the Site and/or Site Services at any time, for any or no reason, with or without prior notice, and without liability.
8. Copyright Notice TxtMobster.com is owned and operated by TxtMobster LLC. All editorial, informational, and factual content and graphics on TxtMobster.com and on any TxtMobster module, including this Terms of Service Agreement, are protected by U.S. copyright, international treaties, and other applicable copyright laws and may not be copied without the expressed, written permission of TxtMobster LLC, which reserves all rights. Re-use of any of TxtMobster.com content and graphics for any purpose without TxtMobster LLC permission is strictly prohibited. Permission to use TxtMobster content is granted on a case-by-case basis. TxtMobster LLC welcomes requests. Please Contact Us with any inquiries. DO NOT copy or adapt the HTML or other code that TxtMobster LLC creates to generate web pages, except as otherwise permitted in this Agreement.
10. Third Party Sites, Products, and Services
TxtMobster does not sell, rent, lease or disclose Your Personal Information to unaffiliated entities.
11. Contests, Sweepstakes, and Promotions
From time to time, TxtMobster may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to You and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
13. Your Conduct on the Site
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under Your user name or password. You shall not use, allow or enable others to use the Site or knowingly condone use of this Site with any manner inconsistent with this Agreement. If We request registration information from You, You will provide us with true, accurate, current, and complete information. You will promptly update Your registration to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of Your account(s) and password(s). You agree to immediately notify Us of any unauthorized use of Your passwords or accounts or any other breach of security. You also agree to exit from Your accounts at the end of each session. We will not be responsible for any loss or damage that may result if You fail to comply with these requirements.
You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that we have approved in advance and in writing. Without limiting the foregoing, You agree that You will not use the Site to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
2. Be libelous, defamatory, indecent, vulgar or obscene, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to impersonate anyone else;
3. Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content including, but not limited to, the promotion or notification of the sale and/or availability of alcohol at any public or private location;
4. Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
5. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or Your use of the Site, unless You have obtained the express, prior permission of such other person, firm or enterprise to do so;
6. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the Site, any software or hardware, or telecommunications equipment;
7. Interfere with or disrupt our sites, servers, or networks;
8. Impersonate any person or entity, including, but not limited to, a TxtMobster or TxtMobster.com representative, or falsely state or misrepresent Your affiliation with a person or entity;
9. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate Your presence on the Site;
10. Engage in any illegal activities. Commission of these or other illegal, fraudulent or deceptive acts may subject You to sanctions, including termination of Your account and or access to the Site Services.
You agree to indemnify, defend and hold harmless TxtMobster, TxtMobster.com, its employees, officers and directors and other users of the Site Services from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from any content that You or anyone using Your account may submit, post or transmit to the Site, Your use of the Services, Your violation of the terms of these Terms and Conditions, and any violation or failure by You to comply with all laws and regulations in connection with the Services.
roadtexter offers a Service allowing You to communicate with Your opt-in Subscribers. TxtMobster does not control, does not monitor and makes no representation regarding the truth, accuracy, quality, completeness, safety or legality of the information You provide to Your opt-in Subscribers. We disclaim any responsibility for the deletion, the failure to store, the incorrect delivery, or the untimely delivery of any information or material. You will not be entitled to a refund as a result of any service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. TxtMobster is not responsible for the conduct, whether online or offline, of any user of the Site or Site Services.
TxtMobster accounts are secured by member pin numbers or passwords. TxtMobster takes precautions to insure that account information is kept private. TxtMobster uses reasonable measures to protect information that is stored within our database and restricts access to Your information to those employees who need access to perform their job functions, such as customer service personnel and technical staff. Please note that TxtMobster cannot guarantee the security of Your account information. TxtMobster cannot guarantee that hackers or unauthorized personnel may gain access to Personal Information despite best efforts. Any TxtMobster employee found violating standards of security and confidentiality will be subject to disciplinary processes. TxtMobster requests that operational service providers follow the same policy. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Your information at any time. For any additional information about the security measures used on TxtMobster, please Contact Us.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You are solely responsible for Your interactions with other Users. TxtMobster reserves the right, but has no obligation, to monitor disputes between You and other Users. If there is any dispute about or involving the Site or the Service, by using the Site, You agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York in the City of New York.
17. LIMITATION ON LIABILITY
IN NO EVENT SHALL TxtMobster OR TxtMobster.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF TxtMobster OR TxtMobster.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TxtMobster OR TxtMobster.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO TxtMobster OR TxtMobster.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If you are dissatisfied with the Site or the Site Services, or with the Terms and Conditions in this Agreement, Your sole and exclusive remedy is to discontinue using the Service. You acknowledge, by Your use of the Services, that Your use of the Services is at Your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to You. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TxtMobster AND TxtMobster.com AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
You may not assign any of Your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TxtMobster. Any such purported assignment or delegation by You without the appropriate prior written consent of TxtMobster will be null and void and of no force or effect.
We may be required by state or federal law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to You through e-mail. If You do not provide us with accurate information, we cannot be held liable if we fail to notify You. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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 The Site or the Terms and Conditions in this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Contacting TxtMobster.com and TxtMobster