Terms and Conditions
The Freshtxt product http://www.Freshtxt.com (the "Product") is owned and operated by Freshtxt, LLC ("Freshtxt"), a California company, and is provided to you ("You") under the terms and conditions of these Freshtxt Terms of Service ("Terms"), which include Freshtxt’s Privacy Policy and Registration Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.1. DESCRIPTION OF PRODUCT. Freshtxt allows individuals and organizations to easily send notification messages directly to their customers mobile phone.
2. REGISTRATION. To use the Product, You must submit a complete Freshtxt registration, which is available at https://www.freshtxt.com/signup (the "Registration Form"), on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Freshtxt, LLC discovers that any of Your Registration Data is inaccurate, incomplete or not current, Freshtxt, LLC may terminate Your right to access and receive the Product immediately upon notice. Freshtxt, LLC will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Freshtxt, LLC may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. Freshtxt, LLC reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Freshtxt, LLC need not provide a reason for its rejection. If Freshtxt, LLC rejects Your application, then You may reapply and Freshtxt, LLC will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Freshtxt, LLC, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Freshtxt, LLC and will become a subscriber to the Freshtxt Service.
3. SERVICES
(a) Description of Service. Freshtxt allows the registered user to easily send notification messages directly to their customers mobile phone. Freshtxt, LLC may make the Freshtxt Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs.
(b) Fees and Payments. Your subscription will continue and renew automatically unless terminated by Freshtxt, LLC or until You notify Freshtxt, LLC of Your decision to change Your subscription renewal. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for Freshtxt.com, or subsequently designated to Freshtxt, LLC at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for Freshtxt.com (including any applicable taxes) at the rates in effect when the charges were incurred. Freshtxt, LLC may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for Freshtxt.com or subsequently designated to Freshtxt, LLC. You also are responsible for any fees or charges incurred to access Freshtxt.com through an Internet access provider or other third party service. YOU, AND NOT Freshtxt, LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Credit Cards. As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize Freshtxt, LLC, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
(d) Trial Offers, Promotions and Special Offers. Freshtxt, LLC reserves the right to discontinue or modify trial offers, promotions and special offers at our discretion. Free Trial offers associated with Freshtxt entitles new, registered subscribers to a one-time free trial usage of the service. We offer free trials in order to allow customers to evaluate Freshtxt’s service prior to purchase. By signing up for a free trial, you acknowledge that you are aware of this opportunity to “try before you buy”. In light of this, we will not be able to offer any refunds for Freshtxt subscription purchases except in cases of product defects that we are unable to correct. We will begin billing your credit card for a monthly subscription at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR CREDIT CARD. We will continue to bill your credit card on a monthly basis until you cancel. You may cancel your subscription at any time.
(e) Subscription Renewals. Your Freshtxt subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. For your convenience, we will bill the subscription fee to the credit card you provided to us during registration. Please contact us if you need assistance in updating your subscription options, making a change to your plan or if you need to update or change your credit card information.
4. REFUND POLICY
Monthly Renewing Subscriptions
Monthly Renewing Subscriptions are non-refundable. You may cancel your monthly renewing membership at any time during the month. If you choose this option, your subscription will expire 30 days from the last payment. Any amounts paid prior to your cancellation will not be refunded.
Annual Renewing Subscriptions
Annual subscriptions may be canceled within thirty (30) days of initial registration, or within thirty (30) days of the renewal date. Amounts paid for the “current year” by You to Freshtxt, LLC. for annual subscriptions will be refunded to customer in full. Freshtxt, LLC will terminate the membership at time of refund.
Annual renewing subscriptions may not be cancelled more than thirty (30) days after initial registration, or more than thirty (30) days after the renewal date for the annual subscription, Freshtxt, LLC will not provide refunds under these circumstances.
5. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, or other materials or any information obtained by You without the express written consent of Freshtxt, LLC.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. Freshtxt, LLC does, however, reserve the right to take any action with respect to the Product that Freshtxt, LLC deems necessary or appropriate in Freshtxt, LLC's sole discretion if Freshtxt, LLC believes You or Your transmissions or use of the Product may create liability for Freshtxt, LLC. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (4) not to transmit through the Product, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, Freshtxt, LLC grants You a limited license to use the software solely in connection with the Product offered by Freshtxt, LLC. You acknowledge that the software used in connection with the Product is proprietary to Freshtxt, LLC and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this software as expressly authorized by the Product and these Terms.
Further, Freshtxt, Freshtxt, LLC and the Freshtxt, LLC logo, and other names, logos, icons and marks identifying Freshtxt, LLC's products and services are trademarks of Freshtxt, LLC and may not be used without the prior written permission of Freshtxt, LLC. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the software license granted to You (in whole or in part) or create derivative works of this software without expressly being authorized to do so by Freshtxt, LLC. If You are not the purchaser of the software license from Freshtxt, LLC, you are not authorized to use the software or services to transmit messages. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the software. All rights not expressly granted in these Terms are reserved to Freshtxt, LLC.
6. PRIVACY. Freshtxt, LLC's use of any personal information You provide to it is set out in Freshtxt, LLC's current Freshtxt.com Privacy Policy.
7. MODIFICATIONS. Freshtxt, LLC may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.Freshtxt.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to Freshtxt, LLC. You are responsible for regularly reviewing the http://www.Freshtxt.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Freshtxt, LLC reserves the right to modify or discontinue the Product with or without notice to You. Freshtxt, LLC shall not be liable to You or any third party should Freshtxt, LLC exercise its right to modify or discontinue the Product.
8. PASSWORD AND SECURITY. As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Freshtxt, LLC of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.
9. TERMINATION. Freshtxt, LLC may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) Freshtxt, LLC is unable to verify or authenticate any information You provide to Freshtxt, LLC; (c) such information is inaccurate; or (d) Freshtxt, LLC decides, in its sole discretion, to discontinue offering the Product. Freshtxt, LLC shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to Freshtxt, LLC. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Freshtxt, LLC of termination. Upon termination of membership, Your right to use the Product immediately ceases.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. Freshtxt, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Freshtxt, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES Freshtxt, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Freshtxt, LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL Freshtxt, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF Freshtxt, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold Freshtxt, LLC harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Freshtxt, LLC arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Freshtxt, LLC's failure to act with respect to a breach by You does not waive Freshtxt, LLC's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Freshtxt, LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Freshtxt, LLC's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to support(at sign)Freshtxt.com for assistance.
Last Updated: March 24, 2009