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Terms & Conditions

REVISIONS TO TERMS AND SITE USAGE

 

We reserve the right to modify these Terms at any time, and such changes will become effective immediately upon notification, which may be provided through various means, including but not limited to posting a revised version of these Terms or other notice on the Site. It is recommended that you regularly review these Terms to stay informed of any changes that may affect you. Your continued use of the Site indicates your ongoing agreement to abide by these Terms as they are amended from time to time.

 

We expressly retain the right to make any adjustments deemed appropriate from time to time to the Site or any Content contained therein, including but not limited to information, text, data, databases, graphics, images, sound recordings, video material, audio clips, logos, software features and services (collectively referred to as "Content").

 

LICENSE FOR SITE ACCESS AND USAGE

 

You may only access and use this Site if you are over 18 years old and solely for personal use (or if accessing the Site on behalf of a company, solely for your company's internal use). Any other access or usage of the Site or its Content constitutes a violation of these Terms and may infringe on applicable copyright, trademark, or other laws. We do not guarantee that the Site or its Content is suitable or available for usage in locations outside of Canada. If you choose to access this Site from locations outside of Canada, you do so at your own risk and are responsible for complying with all applicable local laws.

 

PROHIBITED USES

 

You are prohibited from accessing, using, or copying any portion of the Site or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, you may not reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content.

 

ACCURACY OF INFORMATION

 

You represent and agree that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

 

PRIVACY POLICY

 

Any information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy. By using this Site you acknowledge that you have read and become familiar with our Privacy Policy.

 

INTELLECTUAL PROPERTY RIGHTS

 

You understand and agree that we own all rights, title, and interest in and to the Site and all of its Content. The Content constitutes valuable proprietary information protected by applicable intellectual property laws. Such intellectual property rights include but are not limited to copyrights, trademarks, and service marks. All such rights are owned by Texting Betty or its licensors and content providers.

 

COPYRIGHT INFRINGEMENT POLICY

 

If you suspect that any Content on the Site has been used in a manner that infringes on your copyright, please contact Texting Betty at support@textingbetty.com. Your notification should include the following information: (i) your name, address, telephone number, and email address; (ii) a detailed description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you made under penalty of perjury that all information provided in your notice is accurate and that you are either the copyright owner or authorized to act on behalf of such owner.

 

TERMINATION OF ACCESS

 

We reserve the right to terminate your access to all or part of the Site without notice or liability for any reason including but not limited to the unauthorized use of any username or password or breach of these Terms. Upon termination, you must destroy any materials obtained from this Site and may not access it without our written approval. All intellectual property rights and licenses retained in these Terms will remain in full force after termination.

USER RESPONSIBILITIES

 

By accessing and using the Site, you agree to comply with all applicable laws, regulations, and policies of all relevant jurisdictions, including local rules governing online conduct. You are solely responsible for ensuring that any person authorized by you to access and use the Site also complies with these Terms.

 

In connection with your use of the Site, you agree not to engage in any of the following activities:

 

1. Using the Site or its Content for any unlawful purpose;

2. Posting or transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

3. Imposing an unreasonably or disproportionately large load on the Site or otherwise interfering with or inhibiting any other user of this Site from using or enjoying it;

4. Posting or transmitting any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

5. Posting or transmitting any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

6. Posting or transmitting any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

 

Any violation of these Terms may result in the termination of your access to the Site without notice and may also subject you to legal action.

 

DISCLOSURE OF INFORMATION

 

If you provide any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each a "Submission"), whether through the Site or otherwise, you authorize Texting Betty to make copies of it as necessary for posting and storage on the Site. By making a Submission, you automatically grant Texting Betty an irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use and distribute such Submission for any purpose related to the Site or its promotion. You represent and warrant that you have all necessary rights to disclose all information contained in the Submission and that it is legal, reliable, and original.

 

You are responsible for maintaining the confidentiality of any information about you used in connection with your use of the Site. If you discover that another party has accessed your information without your permission, please notify Texting Betty immediately. We take commercially reasonable measures to secure and protect transmitted information but cannot guarantee total security. We will not be liable for any loss or damage arising from the unauthorized use of your username or password.

 

By making a Submission on this Site, you agree that it is lawful and appropriate. You also agree that we may remove any Submission at our discretion if we believe it violates these Terms or is otherwise inappropriate.

 

 

HYPERLINKS

 

This Site may contain hyperlinks to external websites that are not maintained by Texting Betty. We do not endorse or take responsibility for the content, accuracy, or opinions expressed on these external websites. By accessing any external website through a link on our Site, you do so at your own risk and Texting Betty will not be liable for any loss or damage arising from your use of the external website.

 

The inclusion of any hyperlink to external websites does not imply endorsement by Texting Betty of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. Since Texting Betty is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website.

 

You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

 

DISCLAIMER

 

The Site and its Content are provided "as is" and "as available," without any warranties of any kind, whether express or implied. We do not warrant that the Site or its Content will be uninterrupted or error-free, allow you to obtain any particular results, be accurate, current, complete, reliable, or of any particular value or quality. We also do not warrant that the Site and its Content are free of viruses or other harmful components.

 

By using this Site and its Content, you agree that Texting Betty and its content providers will not be liable for any damages arising from your use of the Site or its Content. This includes but is not limited to direct, indirect, incidental, punitive, and consequential damages.

 

We expressly retain the right to make any adjustments deemed appropriate from time to time to the Site or any Content contained therein including but not limited to information text data databases graphics images sound recordings video material audio clips logos software features and services collectively referred to as "Content".

 

LIMITATION OF LIABILITY

 

We, along with our contractors, suppliers, content providers, and other similar entities, as well as the officers, directors, employees, representatives, and agents of each of the foregoing (collectively referred to as "Representatives"), will not be held liable to you or any third party for any losses or damages arising out of or in connection with:

 

(a) your use of or reliance on the Site or its Content;

(b) our performance of or failure to perform our obligations under these Terms;

(c) the defamatory, offensive, or illegal conduct of other users of the Site or third parties; or

(d) your purchase or use of any goods or services provided by third parties.

 

Under no circumstances will we or our Representatives be liable for indirect, consequential, incidental, punitive, special, or similar damages or costs (including but not limited to lost profits or data, loss of goodwill, loss of property or damage to it, loss of use and business interruption), even if we were advised about the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability and that of our Representatives will be limited by these Terms to the extent permitted by law.

 

If we are found liable to you or any third party due to claims arising under these Terms related to your use of the Site and its Content in any way whatsoever; then in such eventuality our maximum liability for all such claims will not exceed $100 per calendar year.

 

WAIVER AND RELEASE

By accessing and using the Site, you agree to release, waive, and discharge Texting Betty and its Representatives from any claims, damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of your use of the Site.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Texting Betty and its officers, directors, employees, representatives, and agents from any claims or demands arising out of your use of the Site. This includes but is not limited to any content that you submit or post on the Site; your access to and use of the Content; your violation of these Terms; your violation of any rights of a third party; your website; and any unauthorized use of a username, password or account number. You agree to pay for all resulting loss, damage liability costs, and expenses (including reasonable attorneys’ fees).

 

We reserve the right to assume the exclusive defense and control over any matter subject to indemnification by you hereunder.

 

DISPUTE RESOLUTION

 

These Terms shall be governed by and construed by the laws of the State of Iowa, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms, the Site, or the Content shall be resolved through binding arbitration in Toronto, Canada, before a single arbitrator by the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted on an individual basis and shall not be consolidated with any other party's claim. Each party shall bear its own costs related to such arbitration, and the parties shall equally share the arbitrator's fees. Any award resulting from such arbitration may be entered in any court having jurisdiction. You agree to submit to personal jurisdiction in the courts of Illinois for enforcement of this arbitration agreement and any resulting award.

 

MISCELLANEOUS

 

These Terms and our Privacy Policy constitute the entire agreement between you and Texting Betty regarding your use of this Site and supersede any prior agreements or understandings between you and Texting Betty.

 

We may assign our rights and obligations under these Terms at any time without notice. You may not assign these Terms without our prior written consent. If we waive any breach of these Terms, it will not constitute a waiver of any subsequent breach. If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed stricken but will not affect the validity or enforceability of remaining provisions. Any evidence suggesting illegal use of this Site will be provided to law enforcement authorities. You may discontinue the use of this Site at any time if you are dissatisfied with it or its Content.

 

OTHER AGREEMENTS

 

If you have entered into a separate written agreement with Texting Betty regarding your use of this Site or its Content, that agreement will supersede these Terms to the extent they conflict.

 

QUESTIONS

 

If you have questions about this Site or these Terms, please contact us at: support@textingbetty.com

 

SUPPLEMENTAL TERMS FOR CUSTOMERS

 

By accessing and using the Site, you acknowledge and agree to be bound by these Terms and the Privacy Policy. In addition, these Supplemental Terms for Business Customers shall constitute the "Agreement" between Texting Betty and Customer for the use of Texting Betty's services. Both parties hereby agree to all provisions of this Agreement.

 

USER TERMS OF USE

 

The above Terms of Use are incorporated by reference into this Agreement and form an integral part of it.

 

TERM

 

The term of this Agreement shall commence on the date Customer selects and begins paying for a subscription and shall automatically renew each month unless otherwise terminated.

 

TERMINATION

 

Either party may terminate this Agreement at any time and for any reason without cause.

 

Either party shall have the right to terminate this Agreement upon written notice if the other party has breached a material term of this Agreement and has not cured such breach within thirty (30) days of receipt of notice from the non-breaching party specifying the breach.

 

All payments due hereunder are payable in advance of the period to which they apply. Texting Betty shall have the right to suspend or terminate access to the services, at its sole option, with or without notice to Customer if any payment is delinquent by more than sixty (10) days.

 

Upon termination of this Agreement for any reason, Customer and its authorized users’ access to the services shall terminate immediately. Neither Texting Betty nor its suppliers shall be liable to Customer or any third party for suspension or termination of Customer’s access to, or right to use, the services under this Agreement, provided such suspension or termination was done in good faith. The customer shall owe and pay the balance due for the services up to the date of termination. Commensurate therewith, Texting Betty shall issue a pro-rata refund of any unused prepaid amounts, as applicable.

 

 

CUSTOMER'S COMPLIANCE WITH LAWS

 

Customer represents and warrants that it will comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act ("TCPA"), in connection with its use of the Site and Texting Betty's services. In the event that Texting Betty learns of any noncompliance with the TCPA or any other applicable law or regulation, Texting Betty reserves the right to terminate Customer's use of its services without notice or liability.

 

DISCLAIMER OF WARRANTIES

 

Texting Betty and its suppliers and licensors do not warrant that the Customer's use of its services will be uninterrupted or error-free. Both parties acknowledge that software has inherent limitations, and Texting Betty does not warrant that its services will meet the Customer's requirements. Except as set forth in this Agreement, to the maximum extent permitted by law, there are no warranties or conditions (whether implied or arising by statute or otherwise in law or from a course of dealing or usage of trade) for the services and/or any data transmitted through them. Texting Betty and its suppliers, licensors, and providers expressly disclaim all express, statutory, or implied warranties and conditions, including, without limitation, the conditions or warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

INDEMNIFICATION

 

Customer shall defend, indemnify and hold harmless Texting Betty, its officers, directors, employees, representatives, and agents from and against all claims, demands, suits, or other proceedings arising from Customer's breach of any warranties, representations, or agreements made by Customer herein. This includes but is not limited to the Customer's breach of applicable laws and regulations such as the TCPA. The indemnification also covers resulting loss, damage liability cost, and expense (including reasonable attorneys' fees).

 

LIMITATION OF LIABILITY

 

Direct Damages: Texting Betty, its contractors, suppliers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing shall not be liable to Customer or any third party for any losses or damages arising out of or in connection with this Agreement. This includes but is not limited to the Customer's breach of representations as set forth in these terms regarding compliance with the Telephone Consumer Protection Act.

 

Waiver of Consequential Damages: Texting Betty shall not be liable to Customer for any indirect, exemplary, special, punitive, or consequential damages. This includes loss of profits regardless of whether such a claim is based on contract, tort (including negligence), product liability, or otherwise. Even if the Customer has been advised of the possibility of such damages.

 

Exceptions to Limitation of Liability: The limitations set forth in this section shall not apply to losses or damages due to Texting Betty's gross negligence, willful misconduct, or fraud. Additionally, these limitations shall not apply to the Customer's indemnification obligations.

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