These Terms of Use (the “TOU”) are a binding agreement between you (”End User” or “you”) TEXTLEGAL, LLC (“Company,” “we,” or “us”).. These TOU govern your use of the TEXTLEGAL on the IOS and Android and Windows desktop platforms, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
These TOU also govern your use of the Company’s keyword short code SMS forwarding services (the “Services”). The Services allow you to purchase on a “first come, first served” basis, the exclusive right to use certain keyword(s) and short code(s), as approved by the Company, which relate to a SMS short code that allows text messages to be forwarded to you in a limited geographic area as specified by the Company.
Please read these TOU carefully before you start to use the Services or the Application. By using the Services or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by these TOU, our Terms of Service, found at https://textlegal.net/terms-of-service , and our Privacy Policy, found at https://textlegal.net/privacy-policy , incorporated herein by reference. If you do not want to agree to these TOU, the Terms of Service or the Privacy Policy, you must not access or use the Services and must not download, install or use the Application.
The Services and the Application are offered and available to users who are at least 18 years of age or the age of majority in their jurisdiction of residence (whichever is greater) and reside in the United States or any of its territories or possessions. By using the Services or the Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application or the Services. If you are agreeing to these TOU or the Privacy Policy on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, do not use this Services and do not access or use the Application.
We may revise and update these TOU from time to time in our sole discretion upon notice to you. All changes are effective immediately and apply to all access to and use of the Services and the Application thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction sections below will not apply to any disputes for which the parties have actual notice on or before the date of the notice of the change. Your continued use of the Services or the Application following notice of the revised TOU means that you accept and agree to the changes.
Subject to these TOU, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal use on a single mobile device owned or otherwise controlled by you (”Mobile Device”) strictly in accordance with the Application’s documentation; and (b) access, and use on such Mobile Device the Services made available in or otherwise accessible through the Application, strictly in accordance with these TOU.
Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these TOU. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these TOU.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates” ). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this agreement.
We reserve the right to withdraw or amend any Services or material we provide through the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
To access and use the Services, you will be asked to provide certain registration details or other information. It is a condition of your use of the Services and the Application that all the information you provide on the Application or through the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Pirvacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or this Application using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.
The Company name, the terms “TextLegal” and “TextBrand”, the TextLegal and TextBrand logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Application are the trademarks of their respective owners.
You may use the Services and the Application only for lawful purposes and in accordance with these TOU. You agree not to use the Services or the Application:
1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or any applicable ethical standards.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or the Application, or which, as determined by us, may harm the Company or users of the Services or the Application, or expose them to liability.
1. Use the Services or the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services or the Application, including their ability to engage in real time activities through the Application.
2. Use any device, software, or routine that interferes with the proper working of the Services or the Application.
3. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
4. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or the Application, the server from which the Services are provided.
5. Otherwise attempt to interfere with the proper working of the Services or the Application.
6. Use the Services or the Application to upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
7. Use the Services or the Application to upload, post, text message, email, transmit or otherwise make available any adult content or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party.
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
9. Use the Services or the Application to upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment.
10. “Stalk” or otherwise harass another.
11. Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Company’s Services.
12. Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services.
13. Use the Services or the Application to send any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers.
14. Harvest, or otherwise collecting information about others, without their consent.
15. Use the Services or the Application to mislead others as to the identity of the sender of messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you.
16. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
17. Abuse the fair use policy with regard to unlimited keywords—that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of the Company.
18. Engage in any other activity that the Company believes could subject it to criminal liability or civil penalty/judgment.
The Company is based in the State of Illinois in the United States. We provide the Services and the Application for use only by persons located in the United States. We make no claims that the Services or the Application are accessible or appropriate outside of the United States. Use of the Services and the Application may not be legal by certain persons or in certain countries. If you use the Services or the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE APPLICATION AND THE SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS ARISING FROM ANY DATA, INSTRUCTIONS, OR MATERIAL SUPPLIED, DIGITALLY OR OTHERWISE, BY YOU OR ON ITS BEHALF WHICH IS INCOMPLETE, INACCURATE, ILLEGIBLE, OUT OF SEQUENCE OR ARISING FROM LATE ARRIVAL OR NON-ARRIVAL OR IN THE WRONG FORM OR ANY OTHER FAULT BY THE CLIENT OR ON ITS BEHALF. THE COMPANY IS NOT RESPONSIBLE FOR ANY MALFUNCTION, DELAY, NON-PERFORMANCE AND/OR OTHER DEGRADATION OF PERFORMANCE OF ANY OF ITS SERVICES CAUSED BY OR RESULTING FROM ANY ALTERATION, MODIFICATION AND/OR AMENDMENTS DUE TO CHANGES AND SPECIFICATIONS REQUESTED OR IMPLEMENTED BY YOU WHETHER OR NOT BEYOND THE SERVICES ALREADY SUPPLIED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE APPLICATION, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR DIRECT DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST THREE (3) MONTHS OUT OF WHICH LIABILITY AROSE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these TOU or your use of the Services or the Application.
The term of this agreement commences when you download or install the Application or use the Services and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this agreement by deleting the Application and all copies thereof from your Mobile Device. The Company may terminate this agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this agreement. Upon termination: (i) all rights granted to you under this agreement will also terminate; and (ii) you must cease all use of the Services and the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.
All matters relating to the Application, the Services and these TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these TOU, the Services or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the County of Cook. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") applying Illinois law. Any such arbitration shall take place before a panel of three neutral arbitrators selected in accordance with the procedures of the AAA. The arbitration proceeding shall be conducted in Chicago, Illinois. Judgment upon any award made in such an arbitration may be entered and enforced in any court of competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Excluding payment obligations, neither party will liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes.
No waiver by the Company of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.
These TOU, our Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and TEXTLEGAL, LLC regarding the Services and the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and the Application.