Your use of the Text Request service is governed by this agreement (the "Terms"). "TR" means Text Request, LLC, located at PO Box 28416, Chattanooga, TN, 37421, United States, and its subsidiaries or affiliates involved in providing the TR Service. The "TR Services" means the services TR makes available through this website, including this website, the TR cloud computing platform, the TR Add-ons, and any other software or services offered by TR in connection to any of those.
In order to use the TR Services, you must first agree to the Terms. You can agree to the Terms by actually using the TR Services. You understand and agree that TR will treat your use of the TR Services as acceptance of the Terms from that point onwards.
You may not use the TR Services if you are a person barred from receiving the TR Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the TR Services. You affirm that you are over the age of 13, as the TR Services may not be used by children under 13.
You agree your purchases of TR Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by TR or any of its affiliates regarding future functionality or features.
You must provide accurate and complete registration information any time you register to use the TR Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TR immediately.
Your use of the TR Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You agree not to (a) access (or attempt to access) the administrative interface of the TR Services by any means other than through the interface that is provided by TR in connection with the TR Services, unless you have been specifically allowed to do so in a separate agreement with TR, or (b) engage in any activity that interferes with or disrupts the TR Services (or the servers and networks which are connected to the Service).
You may use the TR Services only to develop and run applications on the TR infrastructure. You may not access the TR Services for the purpose of bringing an intellectual property infringement claim against TR or for the purpose of creating a product or service competitive with the TR Services.
You agree to comply with the TR Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the End Users aware that the information will be available to your application and to TR.
You may not use End Users information to market directly to them. Our services are intended to be used only when an inbound text needs to be answered. It is not intended for outbound text marketing.
Subject to the Terms, the TR Services are provided to you as described on our website under Pricing. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at http://textrequest.com/pricing(or such URL as TR may provide).
For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in TR Pricing and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorney’s fees TR incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on TR measurements of your use of the TR Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of TR and only in the form of credit for the TR Services. Nothing in these Terms obligates TR to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to TR may be shared by TR with companies who work on TR behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to TR and servicing your account. TR may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. TR shall not be liable for any use or disclosure of such information by such third parties. TR reserves the right to discontinue the provision of the TR Services to you for any late payments.
TR may change its fees and payment policies for the TR Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL TR may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
You may not develop multiple accounts to simulate or act as a single account or otherwise access the TR Services in a manner intended to avoid incurring fees.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the TR Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the TR Services and any source code written by you to be used with the TR Services (collectively, "Applications").
TR reserves the right (but shall have no obligation) to remove any or all Content from the TR Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from TR. In the event that you elect not to comply with a request from TR to take down certain Content, TR reserves the right to directly take down such Content or to disable Applications. In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. TR reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy. You agree that you are solely responsible for (and that TR has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the TR Services and for the consequences of your actions (including any loss or damage which TR may suffer) by doing so.
You agree that TR has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
You acknowledge and agree that TR (or TR licensors) own all legal right, title and interest in and to the TR Services, including any intellectual property rights which subsist in the TR Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
TR grants you a revocable, personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by TR as part of the TR Services as provided to you by TR. This license is for the sole purpose of enabling you to use and enjoy the benefit of the TR Services as provided by TR, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the TR Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TR, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the TR Services or any applications running on the TR Services; or (c) use the TR Services in any way that may subject the TR Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to TR patent or other intellectual property rights in the TR Services.
TR is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the TR Services which TR provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the TR Services will be effective with respect to all versions of the TR Services; examples of changes to the form and nature of the TR Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
You may terminate these Terms at any time by canceling your account on the TR Services. You will not receive any refunds if you cancel your account.
You agree that TR, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the TR Services may be without prior notice, and you agree that TR will not be liable to you or any third party for such termination. Upon any termination of the TR Services or your account these Terms will also terminate, but Sections 6.1, 8, 9, 10, 11, and 15 shall continue to be effective after these Terms are terminated.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT TR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TR SERVICE IS AT YOUR SOLE RISK AND THAT THE TR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE TR SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE TR SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE TR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE TR SERVICES WILL BE ACCURATE.
SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON TR LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT TR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless, defend and indemnify TR, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "TR and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the TR Services, (c) your violation of applicable laws, rules or regulations in connection with the TR Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TR will provide you with written notice of such claim, suit or action.
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is TR policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
The TR Services may include hyperlinks to other web sites or content or resources or email content. TR may have no control over any web sites or resources which are provided by companies or persons other than TR.
You acknowledge and agree that TR is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that TR is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
TR may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. You understand and agree that if you use the TR Services after the date on which the Terms have changed, TR will treat your use as acceptance of the updated Terms.
Except to the extent you and TR have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and TR and govern your use of the TR Services (but excluding any services which TR may provide to you under a separate written agreement), and completely replace any prior agreements between you and TR in relation to the TR Services. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
If TR provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
You agree that TR may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the TR Services. By providing TR your email address or text number, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
You agree that if TR does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TR has the benefit of under any applicable law), this will not be taken to be a formal waiver of TR rights and that those rights or remedies will still be available to TR. TR shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with TR under the Terms, shall be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions. You and TR agree to submit to the exclusive jurisdiction of the courts located within the county of Hamilton, Tennessee to resolve any legal matter arising from the Terms.
You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of TR (not to be unreasonably withheld). By accepting the terms of this Agreement, Customer expressly waives any right it may have to a jury trial or class action lawsuit in connection with this Agreement. Customer further understands its remedies are limited as set forth herein. Customer agrees that it will work with TR in good faith for a period of sixty (60) days to resolve any disputes that may arise under this Agreement (the Waiting Period”). To the extent the parties are unable to resolve their dispute within such sixty (60) day period, either party may initiate arbitration proceedings. In order for Customer to initiate arbitration proceedings, You must send a letter requesting arbitration and describing your claim to TR, PO BOX 28416, Chattanooga, TN 37424. The parties agree any such arbitration shall be filed and heard with the Chattanooga, TN chapter of the American Arbitration Association (AAA).