MOBILE TEXT ALERTS TERMS OF SERVICE
Effective Date: 9/28/2020
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE MOBILE TEXT ALERTS WEBSITE, SOCIAL MEDIA OR SERVICES, OR THE MOBILE TEXT ALERTS MOBILE APPLICATION. THE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ANY TERM IN THESE TERMS OF SERVICE, DO NOT USE OUR WEBSITE OR APPLICATION, SET UP AND ACCOUNT, OR USER OUR SERVICES.
The following are the terms and conditions for use of www.mobile-text-alerts.com, any affiliated sub-domains, and any affiliated websites on which these Terms are posted or linked, including, but not limited to, any social media accounts maintained by Mobile Text Alerts, and their related services (collectively, the "Website") and the Mobile Text Alerts Mobile Application and its services (the "Application") (collectively, the Website, the Application and all services provided by Mobile Text Alerts through the Website and the Application are the "Services"). The Website, Application and Services are owned and operated by Vimbly MTA LLC dba Mobile Text Alerts ("Mobile Text Alerts," or "Us," or "We").
By visiting the Website, creating an Account, using the Website or Services, downloading or using the Application, purchasing any products or services through the Services, submitting any information through the Website, Application or Services, and in consideration for the Services Mobile Text Alerts provides to You (the terms “User” or "You" or "Your" includes the person or entity that is accessing the Services as well as anyone else accessing or using the Services on Your behalf), YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF SERVICE WITHOUT LIMITATION, including, but not limited to, provisions regarding no modification of the terms, conditions, and notices, including, but not limited to, the ARBITRATION AND CLASS ACTION WAIVER (the "Terms").
Mobile Text Alerts provides its users a tool to organize contact lists and to send short message service (SMS) messages to the users' contacts through one or more third-party providers (“Text(s)”). The Mobile Text Alerts Website provides more information about Mobile Text Alerts' Services.
If You use a Mobile Text Alerts Website to send Text(s) to Your contacts, USERS ARE SOLELY RESPONSIBLE FOR, AMONG OTHER THINGS, (a) Obtaining the requisite prior express consent or prior express written consent, whichever is required, from the person to whom a Text(s) is sent; (b) Sending the Text(s); (c) The content of the Text(s); (d) To whom the Text(s) are sent; (e) When the Text(s) are sent; and (f) Honoring opt-out(s) from receiving further Text(s).
To unsubscribe or stop receiving messages from a Mobile Text Alerts User, reply to any message from that User with the word "unsubscribe" or "stop" or text the word "unsubscribe" or "stop" to 619-458-3743. You may also call us at 531-739-8280.
Standard message and data rates may apply to any sent or received Text(s) or telephone calls.
II. ELIGIBILITY FOR SERVICES, INFORMATION SUBMISSION; COMMUNICATIONS
Refusal of Service. Mobile Text Alerts reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Mobile Text Alerts in its sole discretion.
Information Submission and Age Restriction. Individuals under the age of 18 are not eligible to use our Website, Application or Services. By using, visiting, or browsing our Website, using our Application or Services, or submitting any information, including any User Content as defined below, through the Website, Application or Services, You represent and warrant that You are 18 years of age or older, and, if under the age of majority in Your state, You are either an emancipated minor, or have obtained the legal consent of Your parent or legal guardian to enter into these Terms and to use our Website, Application and Services.
Mobile Text Alerts does not intend to use the Website, Application or Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), You are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. For information on providers of such services, contact Your information technology professional.
We are committed to protecting the privacy of children. The Website, Application and Services were not designed or intended to attract individuals under the age of 18, and We do not knowingly collect personal information online from visitors under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with personal information, please contact Us so that We may take steps to remove that information from our servers. If We become aware that We have collected information from children without verification of parental consent, We will take steps to remove that information from our servers.
Electronic Communications. By accepting these Terms and using our Website, Application or Services, You consent to receive electronically all communications or notices sent by Mobile Text Alerts with regard to the Services or these Terms to any mobile phone number or email address You provide to Mobile Text Alerts.
It is Your responsibility for keeping Mobile Text Alerts apprise of Your contact information so that it can effectively and timely communicate with You. In order to receive electronic communications, You must have a working mobile number and connection to the internet and meet any specifications required by Your wireless carrier and email service provider. Mobile Text Alerts may send communications in a non-electronic format in Mobile Text Alerts' sole discretion.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Mobile Text Alerts reserves the right to change or modify any of the terms or conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Website and Application. The effective date of the Terms is set forth at the top of the Terms.
You should revisit these Terms on a regular basis as revised versions will be binding upon You. Any such modification will be effective upon our posting of such new Terms. You understand and agree that Your continued access to or use of the Website, Application or Services after the effective date of modifications to the Terms indicates Your acceptance of the modifications.
IV. ACCESS TO AND USE OF WEBSITE; PROPRIETARY RIGHTS
Mobile Text Alerts reserves the right to revoke Your authorization to access or use the Website, Application and Services at any time for any reason.
Proprietary Rights. Except as expressly provided for in the non-exclusive license contained in Section X below, Mobile Text Alerts expressly reserves all right, title, and interest in and to the Website, Application and Services, and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
Permissions. You agree not to allow or request another person, persons, or entity to create an Account on Your behalf, or for Your use or benefit, except as authorized by You. You are solely responsible for maintaining the confidentiality of Your account information and log in credentials. You are solely responsible for any activities or actions taken under Your Account User name whether or not You have authorized such activities or actions. It shall be Your responsibility to immediately notify Us of any unauthorized access or use of Your User name or Account.
V. RESPONSIBILITY FOR MESSAGES; UNSUBSCRIBING; REPORT ABUSE
Mobile Text Alerts provides its users a tool to organize contact lists and to initiate communications to the users' contacts through one or more third-party providers. USERS ARE SOLELY RESPONSIBLE FOR, AMONG OTHER THINGS, (a) Obtaining the requisite prior express consent or prior express written consent, whichever is required, from the person to whom a Text(s) is sent; (b) Sending the Text(s); (c) The content of the Text(s); (d) To whom the Text(s) are sent; (e) When the Text(s) are sent; and (f) Honoring opt-out(s) from receiving further Text(s).
You can opt-in to a User's list by texting a special keyword to the specified shortcode or by signing up at a webpage provided by the User.
Users can also upload telephone numbers directly to the User's list. If You choose to submit Your telephone number to any list created or used by a Mobile Text Alerts User, You consent to receive telephone calls or Text(s) from that User and from Mobile Text Alerts.
To unsubscribe or stop receiving Text(s) from a Mobile Text Alerts User, reply to any message from that User with the word "unsubscribe" or "stop" or text the word "unsubscribe" or "stop" to 619-458-3743.
To report any spam or abuse of the Mobile Text Alerts Services, please contact Us at email@example.com.
Standard message and data rates may apply to any sent or received Text(s) or calls.
VI. THIRD-PARTY SERVICES
The Services may provide as a convenience links to third-parties that provide information. Those third-parties are beyond Mobile Text Alerts' control and Mobile Text Alerts does not guarantee that those third-parties or the information they provide, will be accessible or accurate.
Mobile Text Alerts, in its sole discretion, and without notice to You or any User, may User a third-party(ies) to perform Services that would otherwise be performed by Mobile Text Alerts. VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit User-generated content, including, but not limited to, comments, feedback, photos, videos, reviews, and other forms of data or communications ("User Content").
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content You post, upload, or otherwise transmitted (collectively "Post") through the Website, Application or Services. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal.
By Posting User Content on the Services, You warrant and represent that You have the right to post such information and that such information is truthful and accurate. You shall not upload, post or otherwise make available on or through a Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
We do not want You to, and You should not, send any confidential or proprietary User Content to Us unless specifically requested by Us. Please note that any unsolicited User Content sent to Us will be deemed not to be confidential or proprietary.
The other provisions of these Terms notwithstanding, with respect to any Regulated Personal Data (as defined below) that makes up the whole or a part of User Content Posted or otherwise transmitted by You to Mobile Text Alerts, the following conditions shall apply: (i) any licenses or intellectual property rights granted by You to Mobile Text Alerts under these Terms shall be in the form of a revocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, and distribute such User Content for the purposes of providing the Services or otherwise in accordance with the purpose for which You transmit the Regulated Personal Data to Us (each such grant, a "Limited License"), (ii) by posting You (a) represent and warrant that You have the right to grant such Limited License(s), (b) agree to refrain from Posting or otherwise transmitting to Mobile Text Alerts User Content that contains "special categories of personal data" as enumerated in Article 9(1) of the General Data Protection Regulation of the European Union (the "GDPR") (such data, "Sensitive Personal Data"), and (c) represent and warrant that any User Content that You do Post or otherwise transmit to Mobile Text Alerts shall not contain any Sensitive Personal Data. "Regulated Personal Data" means only that subset of "personal data" as defined in Article 4(1) of the GDPR ("Personal Data") of which the processing is actually regulated pursuant to Material and Territorial Scope provisions contained in Articles 2 and 3 of the GDPR.
Subject to the above limitation, by Posting User Content, You automatically grant, and warrant and represent that You have the right to grant, Mobile Text Alerts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with Your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content You may expose yourself to liability if, for example, Your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Notwithstanding anything stated herein, the Website, Application and Services are based in the United States and provide for access and use only by persons located in the United States. You acknowledge that You may not be able to access all or some of the content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If You access the Service from outside the United States, You are responsible for compliance with local laws. Testimonials and Photographs. If You Post or otherwise transmit to Mobile Text Alerts a testimonial statement or photograph or video depicting Your results using any service or product, You grant, and warrant and represent that You have the right to grant, Mobile Text Alerts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Mobile Text Alerts advertising materials. You also agree that We are free to use any ideas, concepts, know-how or techniques that You send to Us for any purpose.
By Posting or sending any testimonials of Your results, You represent that the testimonial statement is true, that You used the service or product as directed, and that the testimonial accurately depicts Your experience using the service or product. We expressly reserve our rights under the Consumer Review Fairness Act with respect to any testimonials.
If You no longer wish Mobile Text Alerts to use Your written testimonial statement or photograph or video, please contact Us. If We do not hear from You, We will assume You still stand behind Your testimonial statement. If You received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, You must notify Us of this fact when posting or sending Your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, You agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Mobile Text Alerts reserves the right to exclude or suspend any User who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Mobile Text Alerts.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Mobile Text Alerts is only a distributer, and not the publisher or speaker, of any User Content. As such, Mobile Text Alerts cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Mobile Text Alerts does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Mobile Text Alerts be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. Subject to Section VIII below regarding the Digital Millennium Copyright Act ("DMCA"), and the last sentence of this paragraph, Mobile Text Alerts reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Mobile Text Alerts' sole discretion to the greatest extent permitted by law, including, but not limited to the Consumer Review Fairness Act. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Mobile Text Alerts reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content. Such reservations of rights provided in this paragraph shall not interfere with the rights of data of subjects, if any, under the GDPR.
Information Storage and Access. Mobile Text Alerts reserves the right, in its sole discretion, to determine whether and how long to store User Content and User data, except as qualified by the last sentence of this paragraph. Mobile Text Alerts will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Mobile Text Alerts' servers, provided that such disclaimer of liability shall be limited to the extent required to comply with applicable laws. The first sentence of this paragraph notwithstanding, Mobile Text Alerts will delete Regulated Personal Data and consumer personal identification information as directed by the User in compliance with all applicable laws.
Submissions, Suggestions, and Feedback. By sending Us any Submissions, ideas, suggestions, documents or proposals (collectively, "Feedback"), You agree that (i) Your Feedback does not contain the confidential or proprietary information of third-parties, (ii) We are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) We may have something similar to the Feedback already under consideration or in development, and (iv) You grant Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and You irrevocably waive, and cause to be waived, against Mobile Text Alerts and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback. VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Mobile Text Alerts respects the intellectual property rights of others and complies with safe harbor provisions of the DMCA. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Mobile Text Alerts' designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Mobile Text Alerts' designated agent as follows: Christopher Yeung, 349 5th Ave, New York, NY 10016 Telephone: (531) 739-8280 Email: firstname.lastname@example.org
The full legal name and physical address of the service provider is as follows:
Vimbly MTA, LLC. 349 5th Ave New York, NY 10016
Alternate names the public may be likely to use to search for our designated agent include, Mobile Text Alerts and www.mobile-text-alerts.com.
After receiving a valid DMCA notification of claimed infringement, We will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the User who submitted the material that We have removed or disabled access to such material.
Counter-Notification. If You posted or submitted material to Mobile Text Alerts which Mobile Text Alerts removed or disabled access to pursuant to a DMCA notification of claimed infringement, and You believe Your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, You may send a counter-notification containing the following information in writing to Mobile Text Alerts' designated agent listed above: Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Your address is outside of the United States, for any judicial district in which Mobile Text Alerts may be found, and that You will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, We will send a copy of the counter-notification to the original complaining party informing that person that We will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, We will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Mobile Text Alerts reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Mobile Text Alerts attempts to provide all Website, Application and Services features to all eligible users. Use of the Application and the Services may be limited for some or all users due to conditions outside of Mobile Text Alerts' control. As a result, not all advertised features may be available to You at all times. Some of these conditions include, but are not limited to, the following (a) Your mobile device or Your wireless carrier may limit the features available to You; (b) Your data or messaging plan may limit Your use of the Services; (c) Your wireless voice and/or data signal may make access to the Application, Services, or some of their features intermittent or unavailable; or (d) The Services may not be available in some geographic locations.
Mobile Text Alerts is not liable, and expressly disclaims any representations or warranties, regarding access to the Website, Application or Services through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Mobile Text Alerts does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs You incur to access the Website, Application and Services through Your mobile device or other device.
X. MOBILE TEXT ALERTS MOBILE APPLICATION LICENSE
Mobile Text Alerts may, from time to time, choose to make available for download a mobile Application. If Mobile Text Alerts makes an Application available, the terms of this license apply to Your download and use of the Application. Mobile Text Alerts does not guarantee that any Application will be supported or available for download at all times.
Payment. Certain Application features may be offered for free, for a one-time payment, or on a subscription basis. Please review the particular terms for the Application for more details. Mobile Text Alerts does not guarantee that any portion of any Application will be free at all times.
Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto.
Without limiting the foregoing, You shall have no rights to receive any source code for any Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for any Application for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Mobile Text Alerts' copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or User interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or application service providers (ASP); or (h) use the Application or Services to infringe on any person's right of privacy. In addition, You will not violate or attempt to violate the security of Mobile Text Alerts' networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any User, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XIII below.
Infringement. If a third party claims that the Application or the Services infringes its patent, copyright or trade secret, or any similar intellectual property right, Mobile Text Alerts will defend You against that claim at Mobile Text Alerts' expense and pay all damages that a court finally awards, provided that You promptly notify Mobile Text Alerts in writing of the claim, and You allow Mobile Text Alerts to control and You cooperate with Mobile Text Alerts in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit Mobile Text Alerts to modify the Application or Services in order to attempt to avoid such claims. If Mobile Text Alerts determines that this alternative is not reasonably available, You agree to uninstall or return the Application on the Mobile Text Alerts' request, and without any further liability or obligation of Mobile Text Alerts. Further, Mobile Text Alerts shall have no obligation whatsoever for any claim based on Your modification of the Application or Your combination, operation, or use with any product, data, or apparatus not specified or provided by Mobile Text Alerts. THIS PARAGRAPH STATES MOBILE TEXT ALERTS' ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. If no Application is currently available, this provision nonetheless applies to any claim of infringement regarding the Website or Services.
Maintenance or Support. Mobile Text Alerts is not under any obligation to provide maintenance or support for the Application. Mobile Text Alerts may provide maintenance or support for the Application in Mobile Text Alerts' sole discretion. Uninstallation. You may, at any time, uninstall the Application by utilizing Your mobile device's procedures for uninstalling downloaded applications.
Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by Your wireless carrier or device manufacturer.
Apple and Google-Specific Terms. The following additional terms and disclosures only apply to You if You use the Application through the Apple or Google operating systems, if available and as applicable:
This is a custom end-User license agreement between You and Mobile Text Alerts, and not with Apple. Mobile Text Alerts, and not Apple, is solely responsible for the Application, the Services, and the related content.
Mobile Text Alerts grants You the non-transferable right to use the Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
In the event of any failure of the Application to conform to any applicable warranty, if any, You may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Mobile Text Alerts.
Mobile Text Alerts, and not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks, if applicable.
In the event of any third party claim that the Application or Your possession and use of that Application infringes that third party's intellectual property rights, Mobile Text Alerts, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to the Application should be directed to Mobile Text Alerts Company at the address and contact information for receiving notices set forth below in Section XX.
You must comply with applicable third party terms of agreement when using the Application.
Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon Your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
This is a separate end-User license agreement between You and Mobile Text Alerts, and not with Google.
Subject to, and in accordance with, these Terms and any required payments, Mobile Text Alerts grants to You, and You accept from Mobile Text Alerts, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on Your device that can access Google Play. The User may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if You violate any of these Terms.
You are allowed unlimited reinstalls of the Application, unless and until Mobile Text Alerts removes the Application from the Google Play or any other Google-branded distribution platform.
Mobile Text Alerts, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
Mobile Text Alerts, and not Google, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
Mobile Text Alerts, and not Google, is solely responsible for Mobile Text Alerts' breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the Application should be directed to Mobile Text Alerts Company at the address and contact information for receiving notices set forth below in Section XX.
XI. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Mobile Text Alerts does not represent or warrant and expressly disclaims any warranty that (a) any information provided by the Website, Application or Services will be accurate, (b) the Website, Application or Services will be error-free or accessible at all times, (c) defects will be corrected, (d) the Website, Application or Services or the server that makes the Website, Application or Services available, are free of viruses or other harmful component, (e) the use or the results of the use of the Website, Application or Services or the products or services made available through the Website, Application or Services will be correct, accurate, timely, or otherwise reliable, or (f) that the Website, Application or Services will be supported on all mobile carriers, web browsers or mobile operating systems.
It is expressly understood by all users that the Website, Application or Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Mobile Text Alerts' control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by Your wireless carrier to Your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Website, Application or Services, malfunctions in the Website, Application or Services, limitations due to Your particular mobile device, or any other reason which may prevent the Website, Application or Services from being accessible at all times. Mobile Text Alerts disclaims any liability as a result of any User's inability to access or use the Website, Application or Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Mobile Text Alerts expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Website, Application or Services. Mobile Text Alerts does not endorse any such products or services and does not warrant that any such products or services are available, will meet the User's needs, are appropriate for any particular use, or are of any certain quality. Mobile Text Alerts does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Mobile Text Alerts be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Website, Application or Services.
THE WEBSITE, APPLICATION AND SERVICES AND ANY PRODUCTS SOLD THROUGH USE OF THE WEBSITE, APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MOBILE TEXT ALERTS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, APPLICATION AND SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MOBILE TEXT ALERTS DOES NOT WARRANT THAT ANY SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE, APPLICATION OR SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, APPLICATION OR SERVICES OR ANY SERVICE OR PRODUCTS SOLD THROUGH USE OF THE WEBSITE, APPLICATION AND SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH USE OF THE WEBSITE, APPLICATION OR SERVICES.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED USE OF THE WEBSITE, APPLICATION AND SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. MOBILE TEXT ALERTS RESERVES ALL RIGHTS AVAILABLE TO IT UNDER THE LAW WITH RESPECT TO DISCLAIMING ANY WARRANTY, IMPLIED OR OTHERWISE. ALL PRODUCTS OR SERVICES SOLD THROUGH USE OF THE WEBSITE, APPLICATION OR SERVICES ARE SOLD BY THE USER AND NOT BY MOBILE TEXT ALERTS.
We do not guarantee that the Website, Application or Services will be compatible with all software, operating systems, or with all devices.
When You use the Website, Application or Services on Your mobile device, Your wireless carrier may charge You data rates, message fees, and related fees.
The Services may provide as a convenience links to third-parties that provide information. Those third-parties are beyond Mobile Text Alerts' control and Mobile Text Alerts does not guarantee that those third-parties or the information they provide, will be accessible or accurate.
Mobile Text Alerts is not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Mobile Text Alerts expressly disclaims any liability related to such sites. Mobile Text Alerts also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Mobile Text Alerts reserves the right to disable any unauthorized links or frames.
XIII. COMPLIANCE AND PROHIBITED ACTIONS
By using, visiting, or browsing the Website, Application or Services, You warrant and represent that will not use the Website, Application or Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair trade practices or competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Website, Application or Services in order to harass, abuse, or harm another person.
You may not purchase any products or services through the Application or Services which are prohibited in Your jurisdiction.
In order to protect the integrity of the Services, Mobile Text Alerts reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website, Application or Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Mobile Text Alerts to limit, restrict, or prevent access to the Website, Application or Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Website, Application or Services without the express written consent of Mobile Text Alerts. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Website, Application or Services without the express written consent of Mobile Text Alerts. You may not frame or mirror any Mobile Text Alerts website or content without the express written consent of Mobile Text Alerts.
XIV. INDEMNIFICATION/RIGHT TO A DEFENSE
You agree to indemnify, hold harmless and defend Mobile Text Alerts, its managers, members, directors, officers, employees, affiliates, agents, advertisers, vendors, insurers, attorneys, successors, and assigns (individually, an “Indemnified Party” and, collectively, the "Indemnified Parties") at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties or any of the users of the Services provided by one or more of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties and any losses from interruption of an Indemnified Party’s business interruption, arising out of or relating to (i) Your breach of any term or condition of these Terms, (ii) Your Posting of User Content, (iii) Your use of the Services, (iv) Your unauthorized use of the Services or (v) Your violation of any governing laws (“Claim(s)”).
In such a case, the Indemnified Party or Indemnified Parties will provide You with written notice of such claim, suit or action, directly such notice to the email address or physical address in Mobile Text Alerts records for You. You are solely responsible for making sure that Your contact information is current.
You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. The Indemnified Parties reserve the right to tender their defense to the Claim(s) to You and You shall be solely responsible for any related defense costs, including, but not limited to, attorneys’ fees and costs.
XV. LIMITATIONS OF LIABILITY
MOBILE TEXT ALERTS IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, (F) REPUTATIONAL HARM OR (G) BUSINESS INTERRUPTION, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MOBILE TEXT ALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY GOVERNING LAW.
NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS TO THE CONTRARY, MOBILE TEXT ALERTS' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY ACTIONABLE CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE MOBILE TEXT ALERTS PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00), WHICHEVER IS GREATER. OTHERWISE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE, APPLICATION AND SERVICES.
XVI. TERMS AND TERMINATION
Mobile Text Alerts may terminate Your account, suspend Your ability to use certain portions of the Services and/or ban You altogether from the Website, Application or Services for any or no reason, and without notice or liability of any kind. Any such action could prevent You from accessing Your account, the Website, Application and Services, Your User Content, other content on the Website, Application and Services, or any other related information.
In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue, including, but not limited to, the mandatory arbitration provision and class action waiver.
XVII. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
Mobile Text Alerts, and any third-parties to which Mobile Text Alerts provides Your contact information, may contact You using the personal identification information that You provide using the Website, Application or Services, including, but not limited to, email, phone, or Text(s). By providing Mobile Text Alerts Your contact information, You are providing Your prior express consent to receive communications from Mobile Text Alerts or other third-parties who obtained Your contact information from Mobile Text Alerts to the greatest extent permitted by law.
Mobile Text Alerts may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Website, Application or Services. Advertisements may also be targeted based on information stored in cookies or similar objects on Your computer or device, including cookies which track Your internet usage across sites and over time. The manner, mode, and extent of advertising on the Website, Application and Services are subject to change without notice. You agree that Mobile Text Alerts may place advertising on the Website, Application and Services and You agree not to block such advertising.
XIX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If You are located in a Sanctioned Country or are listed as an SDN, You are prohibited from registering or signing up with, subscribing to, or using the Services. If Mobile Text Alerts determines that the Services are being used by prohibited persons, Mobile Text Alerts will terminate any impacted accounts. Mobile Text Alerts reserves the right to also provide notification of any such usage to the US DOT/OFAC.
XX. GOVERNING LAW AND VENUE; NOTICE
These Terms shall be governed by and construed under the laws of the state of New York without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New York. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Mobile Text Alerts hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Mobile Text Alerts can be reached at, and any notices to Mobile Text Alerts must be sent to, the following:
Vimbly MTA, LLC
349 5th Ave,
New York, NY 10016
XXI. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES MAY BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION UNLESS OTHERWISE PROVIDED FOR HEREIN. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.
CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.
Informal Efforts to Resolve Dispute. For any dispute with Mobile Text Alerts, You agree to first contact Mobile Text Alerts and attempt to resolve the dispute with Us informally.
Acknowledgment of Binding Arbitration Clause. Your use of the Website, Application or Services is expressly conditioned upon Your acceptance of the following binding Arbitration Clause. By using the Website, Application or Services, You acknowledge that You are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and You hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that You have read this Arbitration provision carefully, agree to its terms voluntarily and not in reliance on any promises or representations whatsoever except those contained in these Terms of Service and this binding Arbitration clause.
You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
Other Claims Subject to Arbitration. In addition to Claims brought by either You, Us or a User of the Website, Application or Services, Claims made by or against Us or anyone acting on Your or our behalf (including anyone with access to Your mobile phone or account with Us, or an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to Arbitration as described herein.
Exception. You and We agree not to invoke our right to arbitrate any individual Claim You bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court.
Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration Clause may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. If a claim is made against Us (which includes Released Parties) and a User, We and the User are one person for purposes of this Arbitration Clause.
Arbitration Fees. If an Arbitration is initiated by either party, who is responsible for payment of any Arbitration deposit or fees will be governed by the then applicable AAA rules, except that if the claim is governed by the AAA’s commercial rules, the parties agree to share equally in the costs of the Arbitration with respect to any AAA deposits, fees and expenses, except that each party shall be responsible for its own attorneys’ fees and costs.
Procedure. A single arbitrator will resolve the Claims. The Arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The Arbitration shall follow the AAA rules and procedures in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern.
Location of Arbitration Proceeding. Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which the claimant lives or maintains its principal place of business, or at such other reasonably convenient location as agreed by the parties.
Governing Law. This Arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”).
The Arbitrator shall apply applicable substantive law consistent with the FAA and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceeding.
The Arbitrator shall only be empowered to grant only relief that would be available in court under law or in equity. The Arbitrator shall not be permitted to disregard the applicable law to do equity. At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. XXII. ENTIRE AGREEMENT
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
XXIV. NO WAIVER
No failure or delaying in exercising, on the part of either party, any right hereunder shall be considered a waiver thereof. No single or partial exercise of any right hereunder shall preclude further exercise of that or any other right hereunder
These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XXV. LIMITATION OF TIME TO FILE CLAIMS
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE, APPLICATION OR SERVICES GOVERNED BY THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATER OF (I) THE ACCRUAL OF; OR (II) OUR OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) OR THE CLAIM SHALL BE DEEMED BARRED.