MOBILE TEXT ALERTS SERVICES AGREEMENT
This Mobile Text Alerts Services Agreement (this "Agreement") is made by and between Mobile Text Alerts L.L.C., a Nebraska limited liability company ("Mobile Text Alerts" or "Us" or "We"), and you, a user seeking to create a Mobile Text Alerts account and use the Mobile Text Alerts services ("User" or "You").
As part of the registration process, You will select an email/username and password combination that You use to access Your Mobile Text Alerts account (Your "Account"). You must provide Mobile Text Alerts with accurate, complete and updated registration information. You may not impersonate another person or entity. You shall notify Mobile Text Alerts of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username or password. You are solely responsible for maintaining the confidentiality of Your username and password and are solely responsible for all usage and activity on or through Your Account, including use of Your Account by a third party authorized by You. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Your Account by Mobile Text Alerts, in its sole and absolute discretion, and referral to the appropriate law enforcement agencies.
Mobile Text Alerts reserves the right to send emails to You at the email address You provide and to otherwise communicate with You for purposes related to the Affiliate Program, including, but not limited to, informing You of applicable changes or additions to the Affiliate Program, the Website or this Agreement.
Mobile Text Alerts provides User tools and User is responsible for lawfully and responsibly using those tools. User understands and agrees that User is solely responsible for determining the content of User's Communications, determining whether to send Communications, determining which persons the User will send the Communications, determining when to send Communications, and all other decisions regarding the sending of Communications to User's contacts. For purposes of the Telephone Consumer Protection Act, User, and not Mobile Text Alerts, is the initiator of the Communications to User's contacts.
You represent and warrant that the owners of the telephone numbers to whom you initiate Communications have consented or otherwise opted-in to the receipt of such Communications from You, as required by Applicable Law. User will not submit any telephone numbers or other contact information to Mobile Text Alerts, and will not initiate any Communications to any such numbers or contacts, unless the owner of that telephone number or contact information has provided all necessary consents required by Applicable Law.
You agree that you will include clear opt-out/unsubscribe information in your Communications when required to do so by Applicable Law or Industry Guidance. You further agree that any individuals requesting Do-Not-Call ("DNC") status shall be immediately placed on your DNC accounts list and you further agree that you will not initiate any further Communications to any individuals after they request DNC status or otherwise request not to receive Communications from You.
User represents and warrants User will not engage in any kind of deceitful, deceptive, misleading, or other unfair trade practices or advertising or any other fraudulent or other unlawful practice and all of User's Communications are truthful, not deceptive or misleading, and any claims contained therein can be appropriately substantiated.
If Mobile Text Alerts receive notice from any source of any spam or other abuse of the Services related to User's use of the Services, Mobile Text Alerts reserves the right to take appropriate actions, including terminating or suspending User's Account without notice, in Mobile Text Alerts' sole discretion.
Mobile Text Alerts reserves the right to suspend and/or terminate Your Account if you send Communications to any person in violation of this Agreement. Mobile Text Alerts reserves the right, but not the obligation, to monitor the content sent to User's contacts to monitor compliance with this Agreement.
Recurring Payments; Subscription. If you sign up for a subscription account, your provided payment method will be charged for the subscription every period until you cancel your subscription. Please review the specific terms of your subscription for more information. If you purchase a subscription but choose not to include a renewal option, your access to the applicable paid portion of the Services will terminate when your subscription period has ended. By signing up for a paid subscription, you agree to pay all applicable fees set forth on your particular order page. Prices are subject to change during the term of the subscription. You can cancel your subscription at any time by cancelling your account in your Mobile Text Alerts account settings. You must cancel your subscription before your renewal date in order to avoid incurring a charge for the next renewal period.
Free and Upgraded Services. Mobile Text Alerts may make some of the Services available for free (the "Free Services"). Mobile Text Alerts does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality, including limitations on the number of contacts or Communications capable of being sent by User. You can upgrade your Account to change these limitations or to add additional services. Please review the specific terms for your applicable Account. Prices are subject to change. Mobile Text Alerts reserves the right to immediately terminate an Account and your access to the Services if payment is not made.
Free Trials. Mobile Text Alerts may offer its Services through free trial offers from time to time. The failure to cancel your free trial during the stated period (or prior to the occurrence of any other stated condition) will result in you being charged for the associated subscription fees beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer, if applicable. Mobile Text Alerts does not guarantee that any portion of the Services will always be available for free.
Pass Through Fees. In the event Mobile Text Alerts is charged fees by any third-parties as a result of your specific use of the Services, you agree to pay Mobile Text Alerts for all such pass-through fees.
Refund Policy. Unless otherwise stated, Mobile Text Alerts does not guarantee any refunds and reserves the right to decline any refund requests; however, if you are unsatisfied with any purchase from Mobile Text Alerts, you may contact us at firstname.lastname@example.org.
The registered and unregistered trademarks, service marks, tradenames, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin (collectively, "Trademarks") of Mobile Text Alerts may not be used without Mobile Text Alert's written consent. All other Trademarks not owned by Mobile Text Alerts that appear on the Website are the property of their respective owners, who may or may not be affiliates with, connected to, or sponsored by Mobile Text Alerts.
DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY AND THE USE OF THIRD-PARTIES TO FACILITATE COMMUNICATIONS, DOWN TIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE WEBSITE, THE LINKS, OR THE OTHER SERVICES DESCRIBED HEREIN MAY OCCUR. MOBILE TEXT ALERTS DOES NOT GUARANTEE THAT ALL COMMUNICATIONS WILL BE DELIVERED TO ALL OF YOUR CONTACTS AND IS NOT LIABLE FOR ANY FAILURE FOR COMMUNICATIONS TO BE SENT OR DELIVERED. WITHOUT LIMITING THE ABOVE, THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND MOBILE TEXT ALERTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS THEREIN; (C) THAT THE SECURITY METHODS EMPLOYED BY MOBILE TEXT ALERTS WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR AGAINST ALL ATTACKS; OR (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION SET FORTH THEREIN OR THEREON. ALL INFORMATION AND SERVICES PROVIDED BY MOBILE TEXT ALERTS IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. SOME STATES LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF IT MAY NOT APPLY TO YOU.
MOBILE TEXT ALERTS' LIABILITY AND USER'S REMEDIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE DESCRIBED HEREIN. MOBILE TEXT ALERTS' LIABILITY, WHETHER BASED ON TORT, CONTRACT, WARRANTY, STRICT LIABILITY, OR ANOTHER LEGAL CLAIM, SHALL NOT EXCEED THE GREATER OF: (A) $100.00; OR (B) THE AMOUNT PAID BY USER TO MOBILE TEXT ALERTS PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM. IN NO EVENT SHALL MOBILE TEXT ALERTS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF CONTACT OR CUSTOMER LISTS, PROPERTY DAMAGE, DAMAGE FOR BODILY INJURY, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF MOBILE TEXT ALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Mobile Text Alerts does not guarantee that User will achieve any particular earnings or results through the user of the Services.
Do not rely solely on the Services for any emergency Communications.
User will immediately notify Mobile Text Alerts of any current, impending, or potential legal action against it by a third party for matters relating to Mobile Text Alerts, this Agreement, or the sending of any Communications when the same arises.
Mobile Text Alerts, L.L.C.
3224 South 76th Street
Lincoln, NE 68506