TextMe, Inc. End User License
Agreement and Terms and Conditions (“T&Cs”)
Last updated on May 29, 2019
GENERAL TERMS AND CONDITIONS
________________________________________________________________________________
NO EMERGENCY CALLING: DO NOT USE THE OUTBOUND
CALLING SERVICE TO CALL EMERGENCY SERVICES. YOU MUST HAVE ALTERNATIVE
COMMUNICATIONS SERIVCES AVAILABLE TO PLACE EMERGENCY CALLS.
THE CALLING SERVICES ARE NOT A SUBSTITUTE FOR
TRADITIONAL WIRELINE OR WIRELESS SERVICES AND YOU AGREE THAT YOU WILL NOT USE
THE OUTBOUND CALLING SERVICE TO PLACE EMERGENCY 911 CALLS.
THE TEXT MESSAGING SERVICE ENABLES USERS TO
[INSERT DESCRIPTION]. NOTE THAT TEXT-TO-911 FUNCTIONALITY IS AVAILABLE IN
LIMITED LOCATIONS THROUGHOUT THE U.S. PLACING EMERGENCY CALLS TO 911 IS
NORMALLY A BETTER OPTION.
ACCEPTANCE OF THE TERMS OF CONDITIONS OF SERVICE
TextMe, Inc. provides a variety
of internet application services that enable communications services, including,
but not limited to, text messaging, inbound calling, outbound calling, and
associated websites and mobile applications (“apps” that operate under the
names of TextMe, FreeTone, and TextMeUp (collectively referred to as “Products
and Services”). For purposes of these Terms and Conditions (referred to as “T&C”
or “T&Cs”), TextMe, Inc., its subsidiaries, affiliates, and all product lines are interchangeably designated as “TextMe”,
“We,” “Our” or “Us”. This T&C is a binding legal contract between you and
TextMe and it explains your rights and obligations when you use or download any
of Our Products and Services and any information, text, graphics, photos or
other materials uploaded, downloaded, or appearing in the Products and Services
whether user-generated, provided by Us or by third parties (hereafter
“Content”).
Your acceptance of these
T&Cs and our Privacy Policy, which are explicitly incorporated by reference (collectively
referred to as “User Agreements”), is required in order to access and to use
Our Content, Products and Services. Please
take time to read and familiarize yourself with these T&Cs as they will
apply to your access and use of Our Content, Products and Services and
constitute a binding legal agreement between you and Us.
TextMe’s access to and use
of Content in its Products and Services is described in the Privacy Policy, as well as other matters related to the access to and use of
information provided to TextMe and derived from your usage of the Products and
Services.
Your usage of Our
Content, Products and Services is subject to the guidelines described in the T&C.
If you are downloading
one of Our apps, by clicking “register”, “agree to”, “sign up”, or similar
language as part of the installation process, or if you visit one of Our
websites, you acknowledge, accept and agree to be legally bound by our User
Agreements. Additionally, you (a) represent to Us that you are not a person
barred from using the Products and Services in the United States, nor pursuant
to the laws or regulations applicable to you in any jurisdiction relevant to
your access to and use of the Products and Services; and (b) agree with the
User Agreements.
If at any time you do
not agree with our User Agreements, or any amended or updated versions, or if
you become dissatisfied with Our Products and Services in any way, your sole
remedy is to discontinue the use of the Products and Services. You can delete your account and uninstall any
of the applications We provide in connection with the Products and Services
from your device. If you need assistance, please contact Us at contact@go-text.me.
MODIFICATIONS, REVISIONS AND AMENDMENTS TO THE
USER AGREEMENTS
The T&Cs and the
User Agreements constitute the entire agreement between TextMe and you
concerning the subject matter herein and the T&Cs or the User Agreements can
only be modified by a written amendment signed by an authorized executive of
TextMe or by Our posting of a revised or amended version of the T&Cs or the
relevant User Agreements. Neither a course of dealing or conduct between you
and TextMe nor any trade practices shall be deemed to modify these T&Cs or
the User Agreements. You agree that any notice, agreements, disclosure or any
other communications that we send you electronically (including via text and
email) pertaining to the Products and Services will satisfy any legal
communication requirements and that it is your responsibility to maintain
accurate user contact information. Your failure to update such contact
information such that notices We send are not received by you will not change
the effective date of any material changes described herein.
We may revise and update
these T&Cs or the User Agreements at any time and, for non-material
changes, without notice by publishing the new T&Cs. Such non-material changes will be effective
upon publication. To the extent that any of the changes to these T&Cs or
Our User Agreements constitute material changes, we will provide you specific
notice of such changes through a notice posted in the Products and Services. The effective date of such material changes
will be provided for in Our communication to you. Your continued use of the
Products and Services after the effective date will constitute your explicit
acceptance of the revised or amended material changes to these T&Cs, or Our
User Agreements, or the websites associated with Our Products and Services. The
version of the T&Cs most currently published supersedes any prior T&Cs,
and can be viewed at: http://www.textmeinc.com/
LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT
YOU MAY USE OUR PRODUCTS
AND SERVICES ONLY IF YOU HAVE THE LEGAL CAPACITY TO FORM A LEGALLY BINDING
CONTRACT WITH TEXTME WHICH INCLUDES, BUT IS NOT LIMITED TO, AGE RESTRICTIONS AS
DEFINED BY RELEVANT LAW. IF YOU DO NOT
SATISFY THE RELEVANT LEGAL CAPACITY REQUIREMENTS UNDER RELEVANT LAW OR AGREE TO
THE TERMS OF SERVICE BELOW, YOU MAY NOT USE THE TEXTME WEBSITE, PRODUCTS OR
SERVICES OR DOWNLOAD ANY PRODUCTS OR SERVICES.
For users
located in the United States, you must be at least eighteen (18) years old in
order to accept the T&C, and you must be at least thirteen (13) years old
in order to use Our Products and Services.
If you are under the age of
eighteen (18) years of age but over thirteen (10) years old, you must have your
parent or legal guardian enter into this T&C and obtain permission from
your parent or legal guardian to use or purchase any Products and Services and
to accept the T&Cs. By accepting this T&C, you represent that you are
at least eighteen (18) years of age and otherwise able to enter into a valid
and binding legal agreement and acknowledge that the T&Cs constitute a
valid, binding agreement between you and Us, under and pursuant to California
law. If you are under the age of
thirteen (13) years old, you must not access or use Products or Services. If
you are located outside of the United States, you must be of the relevant legal
age to enter into a legally binding contracts to use Our Products and Services.
If We become aware that
you are using any of the Products and Services in violation of the foregoing,
or in violation of other T&Cs, We will delete your account or otherwise
restrict your access to the Products and Services. If you are aware of someone
using Our Products and Services that does not meet the requirements as set out
in these T&Cs, please contact us at contact@go-text.me.
ADVERTISING
A key component to Our
Products and Services include advertisements, which may be targeted to the
Content or information you provide, the Products and Services you use, other
information generated by your use of the Products and Services, or from third
party sources. The types and extent of advertising are subject to change. In
consideration for your use and access to the Products and Services, you agree
that We and our third party providers and partners may advertise in conjunction
with your use of the Products and Services subject to the restrictions herein and
in Our Privacy Policy.
RIGHT TO ADVERTISE
You acknowledge and
agree with the TextMe policy to provide you with advertisements, including
targeted advertisements, either directly or via its partnerships with
advertisement providers, such as ad networks, (thereafter “TextMe Commercial
Partners” or “Commercial Partners”) to be displayed on any device you use to
access and operate the TextMe Products and Services. You acknowledge and agree
that TextMe cannot be held liable for any characteristic of the advertisement
displayed by TextMe or any of Our Commercial Partners including accuracy,
appropriateness, or compliance with any rule and regulation you may be subject
to.
Should you subscribe to
any TextMe Product and Service with a “lifetime no ad” or “no ad” feature,
TextMe’s right to advertise will lapse during your personal usage of the relevant
TextMe product to which you have subscribed.
You acknowledge that TextMe’s right to advertise will remain unchanged
on any Products and Services without the “lifetime no ad” or “no ad” feature to
which you have subscribed.
TEXTME’S AND TEXTME’S COMMERCIAL PARTNERS RIGHT
TO DELIVER AND SEND COMMERCIAL MESSAGES
You agree to receive
commercial messages from TextMe or TextMe Commercial Partners on any device you
use to access and operate TextMe Products and Services and which may be based
on characteristics derived from information explicitly or implicitly provided
by you to TextMe, such as your location, and which will be treated according to
our Privacy Policy. See TextMe’s Privacy
Policy at:
Privacy Policy. You consent to allow TextMe to associate personal
information such as contact names, aliases, telephone numbers, emails, or any
unique identification tag from your device for messages you send and receive,
provided that TextMe will not use such information for any other purpose,
except as disclosed herein and in Our Privacy Policy. You consent to the
disclosure of any such information to legal authorities pursuant to these
T&Cs and the relevant User Agreements including our Privacy Policy.
Commercial messages are
messages sent to your TextMe telephone number, account or email addresses for
commercial purposes for TextMe or TextMe’s Commercial Partners’ products and
services. Commercial messages sent by TextMe or TextMe’s Commercial Partners to
your email address will include a one-click opt-out option and otherwise comply
with relevant law applicable to such messages.
To the extent that
administrative texts are sent by TextMe to any group members relating to using
and canceling TextMe’s group texting service, they are to be considered normal
business communications under applicable law.
GRANT OF LIMITED LICENSE
Subject to these T&Cs
and our relevant User Agreements, We hereby grant you a limited, non-transferable,
non-exclusive, non-sublicensable license for access and use of Content,
Products and Services. All Products and Services are licensed, not sold, to
you. You acknowledge the use of this license is subject to these T&Cs as
well as Our User Agreements, and that if you do not comply with any of these
limitations, We may terminate the license without notice, at no cost to Us, and
without any liability to Us.
You shall not use the Content
or any Products and Services for any purposes beyond the scope of the license
granted in these T&Cs and our relevant User Agreements. Without limiting
the foregoing and except as otherwise expressly set forth in these T&Cs or
the relevant User Agreements, you shall not at any time, directly or
indirectly: (i) copy, modify, or create derivative works of the Content or the
Products and Services, in whole or in part; (ii) rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer, or otherwise make available
the Content or the Products and Services; (iii) reverse engineer, disassemble,
decompile, decode, adapt, or otherwise attempt to derive or gain access to the
source code of the Products and Services, in whole or in part; (iv) remove any
proprietary notices from the Content or the Products and Services; (v)
circumvent any security features associated with the Content or the Products
and Services; or (vi) use the Content or the Products and Services in any
manner or for any purpose that infringes, misappropriates, or otherwise
violates any intellectual property right or other right of any person, or that
violates any applicable law.
TextMe reserves all
rights not expressly granted to you in these T&Cs and the relevant User
Agreements. Except for the limited rights and licenses expressly granted under these
T&Cs and the relevant User Agreements, nothing in these T&Cs and User
Agreements grant, by implication, waiver, estoppel, or otherwise, to you or any
third party any intellectual property rights or other right, title, or interest
in or to the Content or the Products and Services.
TextMe may distribute
certain third-party products and services with Our Products and Services. For
purposes of these T&Cs and relevant User Agreements, such third-party
products are subject to their own license terms which will be presented to you
at the relevant time. If you do not agree to abide by the applicable terms for
such third-party products and services, then you will not be able to use the
relevant third-party product or service and you may not be able to use Our
Products and Services.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY
INFORMATION
The TextMe Content,
Products and Services provided by TextMe (including, but not limited to: all
data, software, IP, design, image, audio, video, and business process) are
protected by intellectual property rights, constitute the sole and exclusive
intellectual property of TextMe, and protected by US and international laws.
You may only use the content, names, and other intellectual property (including
copyright and trademarks) provided by Us for purposes directly related to your
role as a customer, current or prospective, of TextMe Products and Services.
You may not copy,
display, modify or use any of the names, logos and trademarks of our Products
and Services, including but not limited to those associated with the TextMe,
FreeTone, or TopTopUp offerings, for commercial or non-commercial purposes
without first obtaining prior express written permission from an authorized
representative of TextMe.
You are not authorized
to use TextMe trademarks in any advertising, publicity, or in any other
commercial or non-commercial manner without Our prior written consent or except
as otherwise explicitly allowed by our User Agreements.
You are not authorized
to copy or alter any of the TextMe or TextMe partners’ designs, notices, logos
or any other proprietary rights displayed or used in the context of TextMe’s
website, or Products and Services.
By generating,
downloading, uploading or transmitting any Content in or on TextMe Products and
Services, you acknowledge that you have full legal and moral rights to use this
content within TextMe Products and Services and you grant to TextMe the right
to use this content in any manner TextMe chooses.
Any opinion in any
content generated, uploaded, downloaded or transmitted by you on TextMe
Products and Services is solely your own and your sole responsibility. You acknowledge and agree that TextMe cannot
be held liable for any opinion generated, uploaded, downloaded or transmitted
by you or any other parties on or through the TextMe Products and Services.
TextMe reserves the
right to remove, at no liability to you or any other party, any content posted
on TextMe Products and Services in Our sole discretion. You also acknowledge
that TextMe does not have any liability to you or any other parties for failing
to remove any content from its Products and Services.
PRODUCTS AND SERVICES
We provide the following
separate services where each may have distinct conditions associated with the
service as detailed in these T&Cs or in the relevant User Agreements:
·
Inbound
Calling Service (“Inbound Service”): with Our Inbound Service, you will be assigned
a phone number that allows you to receive incoming phone calls from the public
switched telephone network, the Inbound Service also allows for you to receive
calls from other users of our Products and Services. You affirmatively opt into
the Inbound Service when you agree to be assigned a phone number. The Inbound Service may be subscribed to and used
independently of the Outbound Service should you choose to not subscribe to, or
otherwise affirmatively opt in to the Outbound Service. You can opt out of the Inbound Service by
visiting the Settings within Our Products and Services. In order to access the Inbound Service, you
will need a network connection of at least 64 kbps but a broadband internet
access connection is not required.
·
Outbound
Calling Service (“Outbound Service”): with Our Outbound Service, you will be
able to place calls to other users of our Products and Services. You can also place
outbound calls to the public switched telephone network. The Outbound Service
may be subscribed to independently from the Inbound Service. You opt in to the Outbound Service by placing
an outbound call. You may opt out of the
Outbound Service by visiting the Settings within our Products and Services. In order to access the Outbound Service you
will need a network connection of at least 64 kbps but a broadband internet
access connection is not required.
·
You may also
elect to use and to subscribe to both the Inbound Service and the Outbound
Service. In order to subscribe to both the Inbound Service and the Outbound
Service you will need a network connection of at least 64 kbps but a broadband
internet access connection is not required to use both services.
·
Limitations
Applicable to the Inbound Service and the Outbound Service: You acknowledge and
agree that the Inbound Service and the Outbound Service, used either
independently or together, do not replace your wireline or wireless telephone.
You further acknowledge that access to voice transmission networks is not
provided by TextMe.
·
Text
Messaging Service (“Texting Service”): The Texting Service allows you to send
and receive text messages, short message services (SMS) and multimedia message
services (MMS).
·
In-app
Communication Service (“In-App Service”): The In-App Service allows you to send
and receive messages and calls with other users of the Products and Services.
·
As part of
making the Products and Services available to you, we may need to provide you
with certain communications, such as service announcements and administrative
messages. Charges may apply from your
telephone operator/carrier, internet service provider, or other third-party
service providers and We are not responsible for such charges. By downloading
any of our Products and Services you are acknowledging and agreeing that we
will provide you with such communications and the costs, if any, associated
with such communications as may be charged by third parties are your sole
responsibility and not included in any fees that you may pay to Us or in any
credits that you may earn from Us.
·
Discrete
Service Terms: Terms that apply to a specific service offering will be
explicitly identified as such in these T&Cs or in the relevant User
Agreements. Unless expressly identified as applicable to a specific service
offering, the T&Cs or User Agreements apply generally to all services
identified by these T&Cs or in the relevant User Agreements.
OUTBOUND SERVICE (UNITED STATES) – NO 911 CALLING
FUNCTIONALITY
YOU ACKNOWLEDGE AND AGREE THAT THE OUTBOUND
SERVICE DOES NOT ALLOW FOR 911 OR EMERGENCY CALLING. YOU ACKNOWLEDGE AND AGREE
THAT EVEN IF SUCH CALLS COMPLETE, WHICH THEY MAY NOT, SUCH CALLS MAY NOT BE
ROUTED TO THE APPROPRIATE EMERGENCY CALLING CENTER, THAT THE EMERGENCY CALL
TAKER MAY NOT AUTOMATICALLY RECEIVE YOUR TELEPHONE NUMBER OR ANY TELEPHONE
NUMBER SUCH THAT THE EMERGENCY CALL TAKER WILL NOT BE ABLE TO CALL YOU BACK,
AND MAY NOT RECEIVE ANY INFORMATION OR DATA WITH RESPECT TO YOUR LOCATION. YOU
ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE OUTBOUND SERVICE FOR
EMERGENCY CALLS AND THAT THE OUTBOUND SERVICE IS NOT INTENDED TO REPLACE
TRADITIONAL WIRELINE OR WIRELESS CALLING SERVICES. YOU ARE SOLELY RESPONSIBLE
FOR ANY AND ALL ISSUES WITH RESPECT TO RELYING ON THE OUTBOUND SERVICE FOR
EMERGENCY CALLS AND FOR ANY THIRD PARTIES THAT MAY RELY ON IT FOR EMERGENCY
CALLS.
OUTBOUND SERVICE (CANADA RESIDENTS AND USERS ONLY):
9-1-1 ALTERNATIVE SERVICE CANADA ONLY
This section is relevant for the usage of
Outbound Service in Canada only.
THIS SECTION CONTAINS IMPORTANT PROVISIONS,
INCLUDING THOSE REGARDING 9-1-1 SERVICE:
Description: VoIP services allow you to make or receive
telephone calls over the Internet to or from the public switched telephone
network. The nature of VoIP telephone
calls, while appearing similar to traditional telephone calling services,
create unique limitations and circumstances, and you acknowledge and agree that
differences exist between traditional telephone service and VoIP telephone
services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service: Because of the unique nature of VoIP
telephone calls, emergency calls to 9-1-1 through your VoIP service will be
handled differently than traditional telephone service. The following provisions describe the
differences and limitations of 9-1-1 emergency calls, and you hereby
acknowledge and understand the differences between traditional 9-1-1 service
and VoIP calls with respect to 9-1-1 calls placed to emergency services from
your account as described below.
Placing 9-1-1
calls: When you make a 9-1-1 emergency
call, the VoIP service will attempt to automatically route your 9-1-1 call through
a third-party service provider to a Public Safety Answering Point
(“PSAP”). Your call may be forwarded to
a third-party specialized call center that handles emergency calls. This call center is different from the PSAP
that would answer a traditional 9-1-1 call, and consequently, you will be
required to provide your name, address, and telephone number to the call
center.
How your information is
provided: The dispatcher receiving the
call will not be able to capture or automatically retain your name, telephone
number, or physical location as this information is not provided by you to
TextMe. Therefore, when making a 9-1-1
emergency call, you must immediately inform the dispatcher of your location (or
the location of the emergency, if different), and any other relevant
information as required by the dispatcher.
If you are unable to speak, the dispatcher may not be able to locate you
if your location information is not up to date.
Disconnections: You must not disconnect the 9-1-1 emergency
call until told to do so by the dispatcher, as the dispatcher may not have your
number or contact information. If you
are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network
congestion, it is possible that a 9-1-1 emergency call will produce a busy
signal or will take longer to connect when compared with traditional 9-1-1
calls.
9-1-1 calls may not
function: For technical reasons, the
functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in
various circumstances, including, but not limited to: failure of service or your service access
device—if your system access equipment fails or is not configured correctly, or
if your VoIP service is not functioning correctly for any reason, including
power outages, VoIP service outage, suspension or disconnection of your service
due to billing issues, network or Internet congestion, or network or Internet
outage in the event of a power, network or Internet outage.
You may need to reset or
reconfigure the system access equipment before being able to use the VoIP
service, including for 9-1-1 emergency calls.
Alternate services: TextMe
recommends that you terminate the VoIP services or consider an alternate means
for accessing traditional 9-1-1 emergency services.
Inform other users: You are responsible for notifying, and you
agree to notify, any user or potential users of your VoIP services of the
nature and limitations of 9-1-1 emergency calls on the VoIP services as
described herein.
TEXTING SERVICE – TEXT-TO-911 LIMITATIONS
Note that most consumers in the U.S. CANNOT
access emergency 911 services by sending a text message from a phone. Even
where it is possible to send a text message to emergency 911 services, it is
preferable to place a call to emergency 911. Even if sending a text message to
emergency 911 services is possible, the emergency call taker will not receive
your location information automatically; instead, you will have to supply such
information. If you attempt to send a text message to 911 and it cannot be
processed, you will receive a “bounce back” message that the text message was
not delivered.
PLEASE ALSO NOTE THAT THE OUTBOUND SERVICE SHOULD
NOT BE USED TO PLACE EMERGENCY 911 CALLS AND IT IS A VIOLATION OF THESE
T&Cs TO RELY ON THE OUTBOUND SERVICE FOR PLACING 911 CALLS. SEE OUTBOUND
SERVICE (UNITED STATES) – NO 911 CALLING FUNCTIONALITY FOR MORE INFORMATION
OUTBOUND SERVICE AND TEXTING SERVICE (UNIVERSAL
APPLICABILITY) – 911 LIMITATION OF LIABILITY AND INDEMNIFICATION
Relying on the Outbound
Service or Texting Service as an exclusive means for access to emergency
services is a violation of these T&Cs. You acknowledge and agree that
TextMe will not be liable for any service outage and/or inability to dial 9-1-1
using TextMe Products and Services or to access emergency service personnel due
to the 9-1-1 dialing and messaging characteristics and limitations listed
herein. YOU ACKNOWLEDGE AND AGREE THAT
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TEXTME, ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMERCIAL PARTNERS AND UNDERLYING
CARRIERS (COLLECTIVELY, THE “TEXTME PARTIES”) WILL NOT BE LIABLE FOR ANY
CLAIMS, DEMANDS, ACTIONS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY,
ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION
OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICES, INCLUDING, WITHOUT
LIMITATION, ANY INABILITY ON YOUR PART TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1
SERVICES, DEFECTIVE ACCESS TO 9-1-1 SERVICES, INFERIOR ACCESS TO EMERGENCY
SERVICES AS COMPARED WITH OTHER TYPES OF CALLING OR TEXT MESSAGING SERVICES OR
OTHER PROVIDERS, DELAYED ACCESS TO 9-1-1 SERVICES, IMPAIRED ACCESS TO 9-1-1
SERVICES, OR BLOCKED ACCESS TO 9-1-1 SERVICES, AND YOU AGREE TO INDEMNIFY AND
HOLD HARMLESS THE TEXTME PARTIES, FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES
ARISING DIRECTLY FROM THE PROVISION, INFERIOR OR DEFECTIVE PROVISION, OR
NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE ASSOCIATED WITH THE
OUTBOUND SERVICE AND THE TEXTING SERVICE.
INBOUND SERVICE LIMITATIONS
When you elect to
subscribe to the Inbound Service, you may receive one telephone number
attributed to your account by TextMe for the use of the Products and Services. You agree to comply with all federal and state
laws and regulations of the United States, as well as any law or regulation you
may be subject to in any other country with respect to the use of the telephone
number assigned to you by TextMe.
You acknowledge and
agree that the telephone number assigned to your account by TextMe may be
ported outside of the Products and Services only with the explicit consent of
TextMe and may not be ported. Number portability may result in additional fees
being charged to your account.
TextMe may reclaim any
telephone number it assigns to your account and discontinue its availability to
you at any time and without liability whatsoever to TextMe. Furthermore, in the event of termination or
discontinuance of the Inbound Service for any reason, TextMe will reclaim,
without notice and at no cost to TextMe, the telephone number associated with
the Inbound Service account.
TEXTING SERVICE LIMITATIONS
In certain countries,
the Texting Service may enable TextMe users to send and receive SMS and MMS at
no charge to TextMe users. We do not make any representations as to what occurs
or is offered in other countries outside of the U.S.
ADDITIONAL LIMITATIONS ASSOCIATED WITH THE
OUTBOUND SERVICE, INBOUND SERVICE AND TEXTING SERVICE
You acknowledge the
right for TextMe to suspend all or part of the Outbound Service, Inbound
Service or Texting Service at no liability to TextMe if your usage of TextMe
Products and Services is inconsistent with normal use. Normal use will be
determined by TextMe in a manner relevant to each separate service offering and
subject to TextMe’s sole discretion. In some, but not all, cases, this may mean
that services are measured compared to other TextMe users, to industry-wide
averages or norms, or to traffic patterns consistent with human as opposed to
machine operation. However, TextMe reserves the right to evaluate what it
considers normal use according to any single or number of factors and in its
sole discretion according to the disclosed or other factors.
If We determine that
your usage violates these T&Cs or other User Agreements with respect to
usage limitations, we may: (a) notify you of the excessive use and demand that
it cease immediately, and (b) unilaterally suspend temporarily or indefinitely your
access to and use of the relevant service or to all Product and Services where TextMe
shall not be liable for any costs, losses or other liabilities associated with
such suspension; or (c) demand payment for such usage.
RIGHT TO IMPOSE FEES OR CHARGES
TextMe reserves the
right to charge for its Products and Services in its sole discretion. TextMe
reserves the right to change pricing and modify or discontinue any of its
Products and Services, at any time and without notice. TextMe commits to notify
you of the pricing at the time and before completion of purchase. By using the
Products and Services, you are accepting the rates charged at the time of use.
PAYMENTS AND ACCOUNTS
In order to use TextMe
Products and Services, you will be required to provide data about yourself
(thereafter “Account Data”), including but not limited to your name, telephone
number, email address, location, device type, and a password that you
create. It is your responsibility to
keep your Account Data safe, secure, and confidential. It is your
responsibility to select a password that is secure and strong. We recommend choosing a password that is
difficult for others to predict by creating an unlikely combination of letters,
numbers, and symbols, and that is unique from other passwords you may use
online.
You represent that any
Account Data you provide is true, complete, accurate, and is not
fraudulent. You commit to update your
Account Data as necessary. You acknowledge and agree that TextMe may
unilaterally suspend your access to Our Products and Services, temporarily or
indefinitely and at any time and in our sole discretion, if We suspect the
provided Account Information is false, incomplete, or inaccurate, or if We
suspect fraudulent use of such Account Information.
You consent to the
disclosure of any such Account Information, Content or other information
related to your use of Our Products and Services. See TextMe’s Privacy Policy.
TextMe is not
responsible for the security of your Account Data or unauthorized or fraudulent
use of your Account Data. In the case of any unauthorized use of your Account
Data, including if the device from which you use the Products and Services is
lost or stolen, you agree to notify TextMe of such occurrence immediately upon
becoming aware.
When credits used with
the Outbound Service, Inbound Service or Texting Service, such credits are
applied and charged in increments of one minute, and are rounded up to the next
minute regardless of what portion of the next higher minute is consumed.
The Inbound Service and
Outbound Service are separately offered and subject to independent payment
terms. We do not offer any payment plans where discounts or other favorable
pricing is offered to users that subscribe to both the Inbound Service and
Outbound Service. Instead, each service offering is independent of the other
though you may elect independently to combine such offerings.
OUTBOUND SERVICE AND TEXTING SERVICE PAYMENT
TERMS
Per call or per text
fees will be displayed at the time of using the Outbound Service or the Texting
Service.
In certain cases, our Outbound
Service may offer unlimited outbound calls. Calls to Hawaii, Alaska, and some specific
carriers or territories may be excluded from unlimited outbound calling offers.
Any such limitations will be disclosed in connection with the relevant offer.
The Outbound Service and
the Texting Service may be limited, suspended, blocked or restricted by
geography, number, duration, or other criteria as determined solely by TextMe
at any time and in its sole discretion.
SUBSCRIPTIONS
We may offer our
Products and Services via subscription billing.
Subscriptions will be
offered in periodic intervals of time such as one week, one month, or one
year. The subscription interval will be
displayed when you confirm your subscription.
After you confirm your subscription, the subscription will automatically
renew on a periodic basis until canceled.
In order to cancel your
subscription, you must login to the App Store or iTunes (for iOS users), or the
Google Play Store (for Android users), or the Amazon Appstore (for Kindle
users). Once you have subscribed, you
cannot cancel your subscription from within our Products and Services.
Subscriptions are billed
on a prepaid basis. Each auto-renewal of
a subscription is an acceptance of the terms of the subscription for the
prepaid period. If you cancel your subscription,
your access will end at the end of the prepaid period. Subscriptions cannot be refunded or
pro-rated.
If you have any
questions regarding your subscription, please contact us at contact@go-text.me.
FRAUDULENT CHARGES
In the United States, we
offer various enhanced Services for purchase.
In the event that you elect to make a purchase, your payment will be
processed by the App Store or iTunes (for iOS users), or the Google Play Store
(for Android users), or the Amazon Appstore (for Kindle users). TextMe does not process payments, nor does
TextMe store credit card numbers on Our servers for any purpose. TextMe is not responsible for fraudulent use
of your credit card under any circumstances.
Should a fraudulent charge be made with your Account Information, TextMe
is not responsible to provide refunds. Please contact your credit card issuer,
or the app store where you made your purchase (Google Play Store, Apple App
Store, or the Amazon App Store). As between TextMe and you, you are responsible
for any fraudulent use of the Products and Services.
MODIFICATIONS TO AND TERMINATION OF ALL OR PART
OF THE SERVICES
TextMe reserves the
right, without any liability of any kind to TextMe, to modify, block or
terminate all or part of the Products and Services provided by TextMe to you at
any time, with or without cause, with or without notice. TextMe also reserves
the right to periodically make updates or interrupt service as it deems
appropriate.
If at any time you do
not agree with or any of Our User Agreements, or any amended or updated
versions thereof, or if you become dissatisfied with Our Products and Services
in any way, your sole remedy is to discontinue the use of Our Products and
Services. You can delete your account
and uninstall the TextMe application from your device. If you need assistance please contact Us
at contact@go-text.me.
USER RESPONSIBILITIES & CODE OF CONDUCT FOR
THE PRODUCTS AND SERVICES
By use of the Content,
Products and Services, you agree you will use TextMe Content, Products and
Services only for yourself and for lawful non-solicitation of commercial
activities purposes and in compliance with any relevant law applicable to you. You
may only use the Content, Products and Services in the course of your normal
usage as a customer, current or prospective.
Any Content or materials
distributed by you or any other user is not representative of Our opinions
including those of Our employees.
TextMe, in its sole discretion, may refuse or remove any Content or materials
that in TextMe’s sole opinion violates any TextMe policy or is objectionable,
or may terminate or deny your access to Our Products and Services.
You agree not to use any
automatic device to access TextMe Products and Services, nor use any device or
software to access TextMe Products and Services that may impair the proper
usage of TextMe Products and Services.
You acknowledge and
agree that the Products and Services will not support short code numbers and/or
reverse billing services.
You agree not to:
·
Send
automated queries to any website;
·
Use or
landing any automated system, including without limitation, “robots,”
“spiders,” “offline readers,” etc. or “load testers” such as wget, apache
bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.,
that accesses the Products and Services in a manner that sends more request
messages to Our servers in a given period of time than a human can reasonably
produce in the same period by using any of the Products and Services, and you
are forbidden from ripping Content or other content associated with the
Products and Services unless explicitly allowed in writing;
·
Generate,
upload or transmit any kind of file containing a virus, worm, malware, Trojan
horses or other harmful or destructive content, or any data having for effect
to impair, limit, or affect the usage of the Products and Services or any
third-party product or services;
·
Engage in
activities leading to, or intending to (a) collect data, including personal
information regarding other users of the Products and Services without their
consent, or TextMe partners without their consent, and more generally, any data
stored within TextMe storage units and not made available to you by TextMe
during the normal use of our Products and Services; (b) deny, disrupt or impair
the usage of TextMe Contents, Products and Services by other TextMe users other
than yourself; and (c) intercept content and material generated or transmitted
to or from TextMe users and not destined to you;
·
Generate,
download, upload or transmit any data, file or software which cannot be
generated, downloaded, uploaded or transmitted within the United States or any
relevant jurisdiction for your usage of the TextMe Products and Services;
·
Download Our
Products and Services on any device that you do not own; or
·
Using the
Contents, Product and Services while driving.
USER RESPONSIBILITIES AND CODE OF CONDUCT FOR OUTBOUND
CALLING, INBOUND CALLING AND TEXTING SERVICE
You will not use the Outbound
Calling, Inbound Calling and Texting Service to do any of the following:
·
Transmit any
communication, content, or message that is obscene, violent, harassing,
indecent, fraudulent, defamatory, libelous, pornographic, or contains threats
or incites violence towards any person or entity;
·
Violate any
third-party’s legal rights such as, but not limited to, intellectual property, copyrights,
rights of privacy or rights of publicity;
·
Operate
under a false identity or by impersonating any person or third-party
entity;
·
Generate and
distribute bulk mail, spam, chain-linked messages, calls or any similar content
including any such activity that violates any Federal Trade Commission, Federal
Communications Commission regulations, or state laws or regulations.
·
Advocate
illegal activities, and more generally discuss an intent to commit illegal
activities including phishing or mislead recipients as to the source of the
material (such as spoofing);
·
Generate,
download, upload or transmit, whether by voice or text message, any kind of
advertisement or solicitations of commercial activities;
OUTBOUND SERVICE AND TEXTING SERVICE USER
RESPONSIBILITIES
You agree not to use an automatic
dialer in connection with the Outbound Service or an automated process to send
and reply to text messages in connection with the Texting Service. You further agree not to send any unsolicited
text messages or unsolicited in-app messages, and you further agree not to
place any unsolicited phone calls or unsolicited in-app calls, whether or not
such messages or calls are commercial or non-commercial in nature.
Using the Outbound
Service and Texting Service means that you will:
·
Only send
messages or call people from whom you have received prior express consent to
receive text messages or calls from you, including any members of any group;
and
·
Comply with
all applicable laws and regulations.
OUTBOUND SERVICE AND TEXTING SERVICE – TELEPHONE
CONSUMER PROTECTION ACT
You acknowledge and
agree that neither the Outbound Service nor the Texting Service are to be used
for solicitations of commercial activities of any kind. You further acknowledge
and agree that the Telephone Consumer Protection Act (“TCPA”) prohibits placing
commercial calls or send commercial text messages without the recipients’ prior
express written consent. The TCPA also prohibits placing calls and sending
non-commercial text messages to subscribers of wireless services without
recipients’ prior express consent. You acknowledge and agree that for purposes
of the TCPA you, and not TextMe, are the call or text message initiator such
that if a claim is brought under the TCPA, you, as the call or text message
initiator, would face potential liability for any alleged violations of the
TCPA.
OUTBOUND SERVICE – TELEMARKETING
You acknowledge and
agree that the Outbound Service is not to be used to for solicitations of
commercial activities. Using the Outbound Service for telemarketing is a
violation of these T&Cs. If We become aware of such use, We will terminate
you access to and use of the Outbound Service and We reserve the right to also
terminate your use of any other of the Products and Services. Telemarketing is
regulated at the federal and state levels. Violations of relevant laws and
regulations may subject you to legal liability. You acknowledge and agree that
for purposes of telemarketing laws, you are initiator of such communications
and exclusively responsible for such use in violation of these T&Cs.
OUTBOUND SERVICE AND TEXTING SERVICE –
INDEMNIFICATION
You agree to indemnify
and hold harmless TextMe, its related entities and subsidiaries, employees,
agents, officers and directors, affiliates, licensors, successors, and
suppliers, service providers, content providers, third-party providers and
contractors, and Commercial Partners (collectively the “Indemnified Parties”)
from and against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines,
costs, or expenses of whatever kind, including attorneys’ fees, that are incurred
by the Indemnified Parties, arising out of or related to any third party claim,
whether brought by private civil litigants, federal, state officials, or other
governmental officials, based upon or related to the Outbound Service or the Texting
Service, including but not limited to claims alleging violation of: (i) the
Telephone Consumer Protection Act; (ii) federal telemarketing laws and
regulations; (iii) state telemarketing laws and regulations; or (iv) other
federal, state or international laws governing commercial voice or texts or
transmitting communications to particular kinds of subscribers or devices.
DISCLAIMER OF WARRANTIES
Your use and access to
Our Content, Products and Services is at your own risk. You acknowledge and agree that Our Content,
Products and Services are provided to you on an “AS IS” and “AS AVAILABLE”
basis.
TEXTME, ITS RELATED
ENTITIES, AFFILIATES AND SUBSIDIARIES, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS, LICENSORS AND SUPPLIERS, SERVICE PROVIDERS, CONTENT PROVIDERS, THIRD-PARTY
PROVIDERS AND CONTRACTORS, AND ITS PARTNERS (COLLECTIVELY, THE “TEXTME
PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY RIGHT, RULE, REGULATION, OR LAW, or any warranty arising by usage of trade,
course of dealing or course of performance. ADDITIONALLY, THE TEXTME PARTIES DO NOT
WARRANT THAT the PRODUCTS OR service AND
ALL ASSOCIATED software will be without failure, delay, interruption, error,
omission, degradation of voice OR MESSAGING quality, or loss of content, data,
or information. YOU ARE USING THESE SERVICES AND PRODUCTS AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE OR LIABLE FOR ANY LOSS
OF DATA, DAMAGE OR HARM TO ANY OF YOUR DEVICES USED TO USE OR ACCESS TO TEXTME
CONTENTS, PRODUCTS OR SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTME OR
THROUGH OR FROM ITS PRODUCTS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT. SOME STATES
MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE.
LIMITATION OF LIABILITY
EXCEPT FOR AN “IP
CLAIM,” WHICH IS SEPARATELY ADDRESSED HEREIN, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEITHER TEXTME NOR ITS RELATED ENTITIES AND SUBSIDIARIES,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, AFFILIATES, LICENSORS AND SUPPLIERS,
SERVICE PROVIDERS, CONTENT PROVIDERS, THIRD-PARTY PROVIDERS AND CONTRACTORS,
NOR ITS PARTNERS (COLLECTIVELY, THE “TEXTME PARTIES”) SHALL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO LOST PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RESULTING FROM YOUR USE OF THE PRODUCTS OR SERVICES,
INCLUDING FAILING TO STORE, FAILING TO TRANSMIT, DELETING OR FAILING TO DELETE
ANY INFORMATION GENERATED, DOWNLOADED, UPLOADED OR TRANSMITTED ON TEXTME
PRODUCTS AND SERVICES. THIS ALSO
INCLUDES ANY ALLEGED DAMAGES ARISING IN CONNECTION WITH YOUR USE OF, OR FAILURE
TO USE THE CONTENTS, PRODUCTS AND SERVICES OF TEXTME OR ANY LINKED SITE.
EXCEPT FOR AN “IP
CLAIM,” WHICH IS SEPARATELY ADDRESSED HEREIN, IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF THE TEXTME PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO TEXTME FOR THE APPLICABLE CONTENTS,
PRODUCTS OR SERVICES IN THE SIX (6) MONTHS PRECEDING THE LIABILITY OUT OF WHICH
LIABILITY AROSE OR A MINIMUM OF TWENTY FIVE DOLLARS U.S. ($25).
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE TEXTME PARTIES DISCLAIM ANY RESPONSIBILITY FOR
THE DELETION, THE FAILURE TO STORE, THE MIS-DELIVERY, OR THE UNTIMELY DELIVERY
OF ANY INFORMATION OR MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY
CONTENT. WE ALSO DISCLAIM ANY AND ALL
RESPONSIBILITY FOR ANY HARM OF ANY KIND RESULTING FROM DOWNLOADING ANY CONTENT
OR PRODUCTS AND SERVICES THROUGH TEXTME OR ITS APPS, BY USING ANY SUCH APPS.
THE LIMITS OF LIABILITY
SET FORTH ABOVE APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE. TO THE EXTENT THAT IN ANY RELEVANT JURISDICTION ANY OF
THE ABOVE TEXTME DISCLAIMERS OR LIMITATIONS OF LIABILITY ARE NOT PERMITTED, YOU
ACKNOWLEDGE AND AGREE THAT ANY LIABILITY (AND DAMAGES) ASSESSED TO TEXTME WILL
BE LIMITED TO THE LOWEST AMOUNT AND SCOPE LEGALLY PERMISSIBLE IN THE RELEVANT
JURISDICTION.
GENERAL INDEMNIFICATION
Except for IP Claims, as
defined herein, you agree to indemnify and hold harmless TextMe, its related
entities and subsidiaries, employees, agents, officers and directors,
affiliates, licensors, successors, and suppliers, service providers, content
providers, third-party providers and contractors, and Commercial Partners (collectively
the “Indemnified Parties”) from and against any and all losses, damages,
liabilities, deficiencies, claims, actions, judgments, settlements, interest,
awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’
fees, that are incurred by the Indemnified Parties, arising out of or related
to any third party claim based upon or related to your use of TextMe’s Products
and Services, including but not limited to any breach or violation of these T&Cs
or any provisions of the relevant User Agreements.
IP CLAIMS INDEMNIFICATION
TextMe shall indemnify,
defend, and hold harmless you from and against any and all losses, damages,
liabilities, and costs (”Losses”) incurred by you resulting from any
third-party claim, suit, action, or proceeding that the Products or Services,
or any use of the Products or Service in accordance with these T&Cs and the
User Agreements, infringes or misappropriates such third party’s US patents,
copyrights, or trade secrets (collectively “IP Claims”), provided that you
promptly notifies TextMe in writing of the claim, cooperate with TextMe, and allows
TexMe sole authority to control the defense and settlement of such claim.
If such an IP Claim is
made or appears possible, you agree to permit TextMe, at TextMe’s sole
discretion, to (a) modify or replace the Products or Services, or component or
part thereof, to make it non-infringing, or (b) obtain the right for you to
continue use. If TextMe determines in its sole discretion that none of these
alternatives is reasonably available, TextMe may terminate this T&C and any
other User Agreements, in its entirety or with respect to the affected
component or part, in the sole discretion of TextMe effective immediately.
This shall not apply to
the extent that the alleged infringement arises from: (a) use of the Products
and Services in combination with data, software, hardware, equipment, or
technology not provided by TextMe or explicitly authorized by TextMe in
writing; (b) modifications to the Products and Services not made by TextMe; (c)
use of any version other than the most current version of the Products or
Services made available to you; or (d) concerns third-party products or
services.
You shall indemnify,
hold harmless, and, at TextMe’s option, defend TextMe from and against any
Losses resulting from any third-party IP Claim based on your, or any user to
which you provide access or use of the Products and Services: (i) negligence or
willful misconduct; or (ii) use of, or access to, the Products and Services in
a manner not authorized or contemplated by these T&Cs or the relevant User
Agreements; (iii) use the Products and Services in combination with data,
software, hardware, equipment or technology not provided by TextMe or
authorized by TextMe in writing; (iv) modifications to the Products and
Services not made by TextMe; or (v) use of any version other than the most
current version of the Products and Services made available to you, provided
that you may not settle any third-party IP Claim against TextMe unless such
settlement completely and forever releases TextMe from all liability with
respect to such third-party IP Claim or unless TextMe consents to such
settlement, and further provided that TextMe will have the right, at its
option, to defend itself against any such third-party IP Claim or to
participate in the defense thereof by counsel of its own choice.
THIS SECTION SETS FORTH YOUR
SOLE REMEDY AND TEXTME’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL,
THREATENED, OR ALLEGED IP CLAIMS, I.E., THAT THE PRODUCTS AND SERVICES
INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY. THE LIMITS OF LIABILITY SET FORTH ABOVE APPLY EVEN
IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. TO
THE EXTENT THAT IN ANY RELEVANT JURISDICTION ANY OF THE ABOVE TEXTME
DISCLAIMERS OR LIMITATIONS OF LIABILITY ARE NOT PERMITTED, YOU ACKNOWLEDGE AND
AGREE THAT ANY LIABILITY (AND DAMAGES) ASSESSED TO TEXTME WILL BE LIMITED TO
THE LOWEST AMOUNT AND SCOPE LEGALLY PERMISSIBLE IN THE RELEVANT
JURISDICTION.
INBOUND SERVICE – INDEMNIFICATION
You agree to indemnify
and hold harmless TextMe, its related entities and subsidiaries, employees,
agents, officers and directors, affiliates, licensors, successors, and
suppliers, service providers, content providers, third-party providers and
contractors, and Commercial Partners (collectively the “Indemnified Parties”) from
and against any and all losses, damages, liabilities, deficiencies, claims,
actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including attorneys’ fees, that are incurred by the
Indemnified Parties, arising out of or related to any third party claim based
upon or related to the Inbound Service, including but not limited to: (i)
claims alleging negligence (including any reckless or willful misconduct unless
prohibited by relevant law), or (ii) claims alleging any bodily injury, death
of any person, or damage to real or tangible personal property caused by the
negligent or more culpable acts or omissions of Indemnifying Parties or personnel
of the Indemnified Parties (including any reckless or willful misconduct unless
prohibited by relevant law.
OUTBOUND SERVICE – INDEMNIFICATION
You agree to indemnify
and hold harmless TextMe, its related entities and subsidiaries, employees,
agents, officers and directors, affiliates, licensors, successors, and
suppliers, service providers, content providers, third-party providers and
contractors, and Commercial Partners (collectively the “Indemnified Parties”) from
and against any and all losses, damages, liabilities, deficiencies, claims,
actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including attorneys’ fees, that are incurred by the
Indemnified Parties, arising out of or related to any third party claim based
upon or related to the Outbound Service, including but not limited to: (i)
claims alleging negligence (including any reckless or willful misconduct unless
prohibited by relevant law), or (ii) claims alleging any bodily injury, death
of any person, or damage to real or tangible personal property caused by the negligent
or more culpable acts or omissions of Indemnifying Parties or personnel of the
Indemnified Parties (including any reckless or willful misconduct unless
prohibited by relevant law), or (iii) claims related to any failure,
impairment, delay, malfunction, misrouting, non-completion, insufficient data
or information, lack of location or other information, related to emergency
calls placed to emergency call takers, including calls placed to 911, in
connection with the Outbound Service.
THIRD PARTY SERVICES AND PRODUCTS
TextMe Products and
Services may interface or be used with third-party products and services. TextMe makes no representation or warranty as
to the reliability, security, or performance of any third-party services or
products. TextMe does not endorse any of
the contents, products or services made available by those third parties and
you acknowledge TextMe cannot not be held liable for use, or failure to use,
said contents, products or services.
Your use of such
third-party contents, products or services is subject to the relevant terms and
conditions to be entered into with each of those third parties. In the event action is needed to ensure
continuity of those said third-party services, it is your sole responsibility
to conduct those actions and you acknowledge TextMe cannot be held liable for
failure to conduct those actions.
THIRD PARTY RATE PLANS
TextMe is not
responsible for voice, messaging, data, Internet, or WiFi charges assessed by mobile
operators/carriers or Internet service providers and incurred when accessing
TextMe Products and Services. Such
charges are the sole responsibility of the user.
CHOICE OF LAW, VENUE,
SEVERABILITY, NO WAIVER AND PRECEDENCE
These T&Cs and all User Agreements and all matters arising out of or
relating to these T&Cs, whether sounding in contract, tort, or statute are
governed by, and construed in accordance with, the laws of the State of Delaware,
United States of America (including its statutes of limitations and Delaware’s choice
of law statutes, without giving effect to the conflict of laws provisions
thereof to the extent such principles or rules would require or permit the
application of the laws of any jurisdiction other than those of the State of Delaware.
The parties agree that the United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement. In the event of a conflict between these T&Cs
and any of the provisions provided for in our User Agreements, the terms of
these T&Cs shall prevail. In the event of a conflicts internal to these
T&Cs where if it is determined that the general terms conflict with a
provision specific to a Product or Service, the specific term shall prevail,
provided that the intent of these T&Cs and User Agreements is that such
terms and conditions must be interpreted cumulatively such that a specific term
is in addition to general terms. You
expressly agree that the exclusive jurisdiction for any claim or dispute
arising from the access to or use of the Content, Products or Services resides
in the United States District Court for the Northern District of California or
a superior court for the State of California located in San Francisco. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. TextMe’s failure to act with respect to a breach
by you or others does not waive the TextMe’s right to act with respect to
subsequent or similar breaches. You may not assign or transfer any of the User
Agreements or any rights hereunder, and any attempt to the contrary is void.
MISCELLANEOUS
TextMe operates under
the laws of the United States. TextMe makes no representation that its Products
and Services can be used outside the United States. It is your responsibility to assess whether
you can use Our Products and Services in any relevant jurisdiction and you
agree to comply with the export and import laws and regulations of the United
States and other applicable countries.
You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
TextMe as a result of this agreement or use of the Products and Services. A printed version of these T&Cs, User
Agreements or Privacy Policy and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.