txtENGAGE PO Box 6982 Boise, ID 83707
By signing up for the txtENGAGE service (“Service”) or any of the products or services of txtENGAGE, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features, functionality, tools, products or services which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.txtengage.com/terms-of-service.
txtENGAGE reserves the right to modify, update and change the Terms of Service, at any time, by posting updates and changes to the Terms of Service on the txtENGAGE website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. txtENGAGE cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the txtENGAGE service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your txtENGAGE account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of txtENGAGE will result in an immediate termination of your services.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- txtENGAGE does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- txtENGAGE does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- txtENGAGE does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- Except as otherwise specifically provided herein and to the maximum extent permitted by law, txtENGAGE expressly disclaims any and all warranties, conditions, representations, and guarantees with respect to the services, platform and products, whether express or implied, arising by law, usage of trade, course of dealing or course of performance, prior oral or written statements, or otherwise, including, without limitation, any warranty of merchantability or fitness for a particular purpose. txtENGAGE does not warrant the performance or results customer may obtain by receiving the services or using the platform or any product. No representation or other affirmation of fact, including, without limitation, statements regarding capacity, suitability for use or performance of the platform or any product, not contained in this agreement shall be deemed to be a warranty by txtENGAGE.
- You expressly understand and agree that txtENGAGE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- In no event shall txtENGAGE or our 3rd party providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, txtENGAGE partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- In no event shall either party’s liability arising out of or related to the agreement, whether in contract, tort or under any other theory of liability, exceed the aggregate sums paid by customer hereunder in the 12 months preceding the incident giving rise to liability; Provide, however, that in no event shall customer’s liability to txtENGAGE be less than the sum of all outstanding fees and expenses owed by customer or any customer affiliate plus all interest and collection costs associated therewith.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of txtENGAGE.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any txtENGAGE customer, txtENGAGE employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the txtENGAGE service. All material you upload remains yours. You can remove your txtENGAGE store at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading content to txtENGAGE, you agree that txtENGAGE can, at any time, review all the content submitted by you to its Service.
- The failure of txtENGAGE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and txtENGAGE and governs your use of the Service, superseding any prior agreements between you and txtENGAGE (including, but not limited to, any prior versions of the Terms of Service).
- You retain ownership over all content that you submit to txtENGAGE.
- txtENGAGE does not pre-screen content and it is in their sole discretion to refuse or remove any content that is available via the Service.
- Questions about the Terms of Service should be sent to info at txtENGAGE dot com.
Payment of Fees
- For paying account holders, a valid credit card is required for accounts able to process orders using a live payment gateway.
- For paying account holders, the service will be billed in advance for 30 day intervals. When your billing period is over you will see billing information appear in your txtENGAGE administration site. Users have two weeks to bring up and settle any issues with the billing.
- For paying account holders, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- txtENGAGE does not provide refunds.
Cancellation and Termination
- You may cancel your account at anytime by clicking the appropriate link/button within the administration site of your account.
- Once your account is cancelled all of your content might be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- For paying account holders, if you cancel the Service in the middle of the month, you will forfeit any remaining credits for that month and you will not be charged again.
- We reserve the right to modify or terminate the txtENGAGE service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, txtENGAGE may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
- Prices for using txtENGAGE are subject to change upon 14 days notice from txtENGAGE. Such notice may be provided at any time by posting the changes to the txtENGAGE site or the administration site of your txtENGAGE account.
- txtENGAGE reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
- txtENGAGE shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.