TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of our subscription text messaging and if applicable, app services (the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. Additionally, by subscribing to the Services, you are expressly consenting to receive such Services.
Who May Use the Services
You may use the Services only if you agree to form a binding contract with The Next Generation and are at least 18 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Content on the Services
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. The Next Generation do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Using the Services
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
You acknowledge by using the Services that The Next Generation utilizes a third party to deliver the Services. By using the Services you agree to be bound by the third party’s terms and conditions. Such terms and conditions can be found at www.eztexting.com. The third party holds your phone number and any other information provided by you. The Next Generation does not guarantee or otherwise represent that such information is held securely or in Canada or elsewhere.
Your License to Use the Services
The Next Generation grants you a limited license to access and make personal use of the Services and not to download or modify them, or any portion of them, except with the express written consent of The Next Generation. The Services and Content not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent.
Copyright and Trademarks
The Services and Content are protected by copyright, trademark, and other laws of Canada. Nothing in the Terms gives you a right to use
The Services and all Content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of The Next Generation, local MLS, or other affiliated parties and are all subject to copyright and other intellectual property protection laws. The Next Generation and all other trademarks and service marks indicated on the Content are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.
Ending These Terms of Service
To stop receiving text messages and end these Terms, text STOP, STOP ALL, END, QUIT, CANCEL, or UNSUBSCRIBE to www.eztexting.com.
The Next Generation may suspend or terminate your subscription or cease providing you with all or part of the Services at any time for any or no reason without notice, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable.
Cost of Service
While there is no direct cost to you imposed by The Next Generation to subscribe to the Services, STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE PHONE CARRIER. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. The frequency of the Services varies.
The Services are Available “AS-IS”
Your receipt of, access to, and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “The Next Generation” refers to The Next Generation, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NEXT GENERATION DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Next Generation make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computing or mobile device, loss of data, or other harm that results from your receipt of, access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Next Generation or through the Services, will create any warranty or representation not expressly made herein. This section survives the termination of this agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEXT GENERATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR SUBSCRIPTION, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEXT GENERATION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NEXT GENERATION HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. This section survives the termination of this agreement.
The Next Generation may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, will govern our relationship with you. By continuing to subscribe, access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the Province of Alberta will govern these Terms and any dispute that arises between you and The Next Generation. All disputes related to these Terms or the Services will be brought solely in the courts located in Edmonton, Alberta, Canada and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The Next Generation’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.