Terms and Conditions

TXTMYADS TERMS OF USE PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE. WELCOME TO TXTMYADS WE ARE GLAD TO HAVE YOU AS PART OF OUR SERVICE. WE ARE COMMITTED TO PROVIDING THE BEST POSSIBLE VALUE AND CONVENIENCE FOR YOU. BEFORE YOU GET STARTED, YOU MUST READ AND AGREE TO THESE TERMS OF USE. THANK YOU. ACCEPTANCE OF TERMS OF USE BY USING TXTMYADS (“TXTMYADS”, “WE” OR “US”) TXTMYADS OR TXTMYADS SERVICES (COLLECTIVELY, THE “TXTMYADS SERVICE”), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. TXTMYADS MAY AT ANY TIME MODIFY THESE TERMS OF USE. YOU CAN REVIEW THE MOST CURRENT VERSION OF IT BY CLICKING ON THE “TERMS OF USE” LINK LOCATED AT THE BOTTOM OF THE TXTMYADS WEBSITE. THE MOST CURRENT VERSION WILL SUPERSEDE ALL PREVIOUS VERSIONS. BY CONTINUING TO USE THE TXTMYADS SERVICE AFTER CHANGES ARE MADE, YOU AGREE TO BE BOUND BY SUCH CHANGES. LIMITATIONS ON USE YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE TXTMYADS SERVICE, OR, IF YOU ARE NOT AT LEAST 13, YOU MAY USE THE TXTMYADS SERVICE ONLY IN CONJUNCTION WITH, AND UNDER THE SUPERVISION OF, YOUR PARENT OR GUARDIAN. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE THE TXTMYADS SERVICE. TXTMYADS RESERVES THE RIGHT TO TERMINATE ACCOUNTS, REFUSE SERVICE OR CANCEL ORDERS AT ITS SOLE DISCRETION. CHARGES FOR USING THE TXTMYADS SERVICE TXTMYADS CHARGES AN ACTIVATION FEE OF $9.99 TO USE THE SERVICE. HOWEVER, WHEN YOU USE THE TXTMYADS SERVICE, YOU MAY BE SUBJECT TO CHARGES IMPOSED BY YOUR WIRELESS OR OTHER APPLICABLE CARRIER. PAYMENT OF SUCH CHARGES IS SOLELY YOUR RESPONSIBILITY. TXTMYADS TEXT MESSAGE (SMS) SERVICE THE TXTMYADS TEXT MESSAGING SYSTEM ALLOWS ONLY VERIFIED OPT-IN SUBSCRIPTIONS. IT ENSURES THAT ALL SUBSCRIBERS CAN OPT-OUT QUICKLY, EASILY, AND PERMANENTLY FROM UNWANTED SMS COMMUNICATIONS. THIS IS DONE EITHER FROM OUR WEBSITE OR BY SENDING A TEXT MESSAGE FROM YOUR PHONE TO THE NUMBER WITH THE WORD 'STOP'. LIST OF CARRIERS SUPPORTED BY TXTMYADS: AT&T SPRINT VERIZON WIRELESS U.S. CELLULAR® T-MOBILE CELLULAR ONE DOBSON CINCINNATI BELL ALLTEL VIRGIN MOBILE USA CELLULAR SOUTH UNICEL CENTENNIAL NTELOS METRO PCS PRIVACY ANY INFORMATION THAT YOU SUBMIT OR WE COLLECT WHEN YOU ARE USING THE TXTMYADS SERVICE IS SUBJECT TO THE TXTMYADS PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED INTO THESE TERMS OF USE. INTELLECTUAL PROPERTY TXTMYADS AND/OR ITS LICENSORS ARE THE SOLE OWNERS OF THE TXTMYADS SERVICE, WHICH INCLUDES ANY SOFTWARE, METHOD OF DOING BUSINESS, DOMAINS, AND CONTENT MADE AVAILABLE THROUGH IT. THE TXTMYADS SERVICE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IT IS FOR YOUR OWN PERSONAL AND NON-COMMERCIAL USE ONLY, AND TXTMYADS GRANTS YOU A LIMITED LICENSE FOR THAT PURPOSE. WITHOUT LIMITATION, THIS MEANS THAT YOU MAY NOT SELL, EXPORT, LICENSE, MODIFY, COPY, REVERSE ENGINEER, DISTRIBUTE OR TRANSMIT THE TXTMYADS SERVICE WITHOUT TXTMYADS’S PRIOR EXPRESS WRITTEN PERMISSION. ANY UNAUTHORIZED USE OF THE TXTMYADS SERVICE WILL TERMINATE THE LIMITED LICENSE GRANTED BY US. TXTMYADS AND OTHER MARKS, GRAPHICS, LOGOS, ICONS AND SERVICE NAMES RELATED TO THE TXTMYADS SERVICE ARE REGISTERED AND UNREGISTERED TRADEMARKS OR TRADE DRESS OF TXTMYADS. THEY MAY NOT BE USED WITHOUT TXTMYADS’S PRIOR EXPRESS WRITTEN PERMISSION. ALL OTHER TRADEMARKS NOT OWNED BY TXTMYADS THAT APPEAR IN CONNECTION WITH THE TXTMYADS SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, WHO MAY OR MAY NOT BE AFFILIATED WITH, CONNECTED TO OR SPONSORED BY TXTMYADS. ELECTRONIC COMMUNICATIONS BY USING THE TXTMYADS SERVICE, YOU CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS AND NOTICES FROM TXTMYADS. YOU AGREE THAT ANY NOTICE, AGREEMENT, DISCLOSURE OR OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT SUCH COMMUNICATIONS BE IN WRITING. YOUR CONDUCT BY USING THE TXTMYADS SERVICE, YOU AGREE NOT TO UPLOAD, POST, E-MAIL OR OTHERWISE SEND OR TRANSMIT ANY MATERIAL THAT CONTAINS VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT ASSOCIATED WITH THE TXTMYADS SERVICE. YOU ALSO AGREE NOT TO INTERFERE WITH THE SERVERS OR NETWORKS CONNECTED TO THE TXTMYADS SERVICE OR TO VIOLATE ANY OF THE PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE TXTMYADS SERVICE, THE TERMS OF WHICH ARE INCORPORATED HEREIN. YOU ALSO AGREE NOT TO: (1) IMPERSONATE ANY OTHER PERSON WHILE USING THE TXTMYADS SERVICE; (2) CONDUCT YOURSELF IN A VULGAR, OFFENSIVE, HARASSING OR OBJECTIONABLE MANNER WHILE USING THE TXTMYADS SERVICE; (3) USE THE TXTMYADS SERVICE FOR ANY UNLAWFUL PURPOSE; OR (4) RESELL OR EXPORT THE SOFTWARE ASSOCIATED WITH THE TXTMYADS SERVICE. TXTMYADS DOES NOT PROMOTE, RECOMMEND OR CONDONE USE OF THE TXTMYADS SERVICE DURING CERTAIN ACTIVITIES, SUCH AS AUTOMOBILE DRIVING, WHERE THERE IS A SIGNIFICANT RISK OF ACCIDENT. YOU AGREE NOT TO USE THE TXTMYADS SERVICE DURING SUCH ACTIVITIES. USE OF INFORMATION SUBMITTED YOU AGREE THAT TXTMYADS IS FREE TO USE ANY COMMENTS, INFORMATION OR IDEAS CONTAINED IN ANY COMMUNICATION YOU MAY SEND TO TXTMYADS WITHOUT COMPENSATION, ACKNOWLEDGEMENT OR PAYMENT TO YOU FOR ANY PURPOSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS AND SERVICES AND CREATING, MODIFYING OR IMPROVING THE TXTMYADS SERVICE OR OTHER PRODUCTS OR SERVICES. NO WARRANTY & LIABILITY LIMIT TXTMYADS PROVIDES THE TXTMYADS SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. TXTMYADS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. TXTMYADS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE TXTMYADS SERVICE; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE TXTMYADS SERVICE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE TXTMYADS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR MOBILE DEVICE; OR ANY CONDUCT BY USERS OF THE TXTMYADS SERVICE. WE RESERVE THE RIGHT TO DELIVER THE TXTMYADS SERVICE IN OUR SOLE AND ABSOLUTE DISCRETION. IN NO EVENT SHALL TXTMYADS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TXTMYADS SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. SOME STATES DO NOW ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD TXTMYADS AND ITS RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND MERCHANT PARTNERS HARMLESS FROM AND AGAINST ANY THIRD-PARTY CLAIM OR CAUSE OF ACTION, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF THE TXTMYADS SERVICE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. DISPUTES 1. GOVERNING LAW YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND TXTMYADS ARISING FROM OR RELATING TO THESE TERMS OF USE, THEIR INTERPRETATION OR BREACH, TERMINATION OR VALIDITY, THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF USE, THE TXTMYADS SERVICE, TXTMYADS’S ADVERTISING OR ANY RELATED TRANSACTION SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. 2. BINDING ARBITRATION ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND TXTMYADS, ITS AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, “TXTMYADS”) ARISING FROM OR RELATING TO THESE TERMS OF USE, THEIR INTERPRETATION OR BREACH, TERMINATION OR VALIDITY, THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF USE (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS OF USE), THE TXTMYADS SERVICE, TXTMYADS’S ADVERTISING OR ANY RELATED TRANSACTION SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND TXTMYADS. NEITHER YOU NOR TXTMYADS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ANY AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY SHALL PAY ITS OWN COSTS AND ATTORNEYS’ FEES. HOWEVER, IF ANY PARTY PREVAILS ON A STATUTORY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS’ FEES, OR IF THERE IS A WRITTEN AGREEMENT PROVIDING FOR FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO THE PREVAILING PARTY, UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW. 3. LIMITATIONS OF ACTIONS ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE TXTMYADS SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY. IN THE EVENT ANY SUCH CLAIM OR CAUSE OF ACTION IS NOT FILED WITHIN SUCH ONE (1) YEAR PERIOD, SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED. RIGHT TO TERMINATE TXTMYADS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO TERMINATE OR RESTRICT YOUR USE OF THE TXTMYADS SERVICE, WITHOUT NOTICE, FOR ANY OR NO REASON WHATSOEVER. GENERAL IF ANY PROVISION OF THESE TERMS OF USE IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK, AND THE REMAINING PROVISIONS SHALL BE ENFORCED. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND IN NO WAY DEFINE, LIMIT, CONSTRUE OR DESCRIBE THE EXTENT OR SCOPE OF SUCH SECTION. OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION. THESE TERMS OF USE SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND TXTMYADS WITH RESPECT TO THE SUBJECT MATTER HEREOF.




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