Updated March 20, 2018
TextBetter™ is a wholly-owned service and trade mark of TextBetter, Inc. (the above services and the Company, collectively “TextBetter™” or “TextBetter™ Properties”). The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the TextBetter, Inc. Nothing contained on TextBetter™ Properties should be construed as granting any license or right to use any trade mark without the prior written permission from TextBetter, Inc.
“You” refers to all Subscribers and Visitors accessing TextBetter™, and any third party affiliates accessing TextBetter™ on behalf of the Subscriber, including companies bound by acts of their representatives.
2. Information Accuracy and Disclaimer of Warranties, Class Action Waiver, and Release
WHILST EVERY EFFORT IS MADE TO UPDATE THE INFORMATION CONTAINED ON TEXTBETTER™ PROPERTIES, NEITHER TEXTBETTER™ NOR ITS AFFILIATES OR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL, AS TO THE SEQUENCE, ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION, DATA AND/OR CONTENT CONTAINED ON OR SUBMITTED THROUGH TEXTBETTER™ PROPERTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION WHICH MAY BE PROVIDED BY ANY THIRD PARTY OR DATA OR CONTENT PROVIDERS, WHO ALSO SHALL NOT BE BOUND IN ANY MANNER BY ANY INFORMATION CONTAINED ON OR SUBMITTED THROUGH TEXTBETTER™. PLEASE LET US KNOW IF YOU FIND AN ERROR OR OMISSION WHILE USING TEXTBETTER™.
TEXTBETTER™ DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF THE SERVICES IT OFFERS. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, TEXTBETTER™ IS OFFERED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND OTHER THAN AS EXPRESSED AND SET FORTH IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY TEXTBETTER™, AND SUCH SUPPORT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY TEXTBETTER™, ITS AGENTS, REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS TO THE CONTARY, IN NO EVENT WILL TEXTBETTER™ OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA, DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS, COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF TEXTBETTER™ OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TEXTBETTER™ BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD. IN NO EVENT WILL TEXTBETTER™’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF TEXTBETTER™’S REVENUES RECEIVED DIRECTLY FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION AGAINST TEXTBETTER™ MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TextBetter™ does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing TextBetter™, you warrant and represent to TextBetter™ that you are legally entitled to do so. Further, you warrant that all messages transmitted by TextBetter™ by you comply with all relevant laws.
3. External Links
External links may be provided for your convenience, but they are beyond the control of TextBetter™ and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of TextBetter™. Please contact us if you would like to link to this website or would like to request a link to your website.
4. Public Forums and User Submissions
TextBetter™ is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by TextBetter™. TextBetter™ reserves the right to remove any material submitted or posted by you in the public areas, and/or terminate your access to or use of TextBetter™, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that you are or there is the likelihood that you may, including but not limited to –
4.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties or minors;
4.2 send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law;
4.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of TextBetter™’s and/or a third party’s computer system and/or network;
4.4 violate any copyright, trademark, other applicable The United States or international laws or intellectual property rights of TextBetter™ or any other third party;
4.5 submit content containing marketing or promotional material that unlawfully solicits business;
4.6 use the TextBetter™ Properties in violation of consumer protection laws/regulations as applicable to your country/region, including, without limitation, the United States Telephone Consumer Protection Act (“TCPA”), 47 USC § 227 (as amended), the United States Telemarketing Sales Rule (“TSR”), 16 C.F.R. § 310 (as amended); the United States Healthcare Insurance Portability and Accountability Act (“HIPAA”), 45 C.F.R. pt. 160 (as amended and expanded); and the Canadian Anti-SPAM Legislation (“CASL”) (S.C. 2010, c. 23) (as amended);
4.7 impersonate any person or entity, including, but not limited to, the TextBetter™ personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.8 make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
4.9 intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court;
4.10 register for or access more Accounts or associated Admin Logins or User Logins than for which fees have been paid or register for an Account on behalf of an individual other than yourself;
4.11 reverse engineer, disrupt, or alter TextBetter™ Properties; or,
4.12 advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
You further agree to indemnify TextBetter™, and its affiliates, owners, directors, officers, employees, vendors, suppliers and contractors “indemnified parties” against any loss, liability, damage or expense of whatever nature which the indemnified parties may suffer which is caused by or attributable to, whether directly or indirectly, your use of TextBetter™.
6. Limited TextBetter™ License
7. Additional Terms
8. TextBetter™ Access
At no time will TextBetter™ provide you with any tangible copy of TextBetter™ Properties. TextBetter™ shall deliver access to TextBetter™ Properties via cloud computing, electronic transfer, or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any TextBetter™ properties (including any new releases) or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of TextBetter™ properties is prohibited, including any copying or redistribution of TextBetter™ to any other server or location, or redistribution or use on a service bureau basis.
9. General Terms
9.1 Entire Agreement
TextBetter™ may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website or accessing TextBetter™ from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
No indulgence or extension of time which either you or TextBetter™ may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
TextBetter™ shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
9.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of The United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Franklin County, Ohio in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
9.8 Comments or Questions
10.1 Charges and Fees
You must provide all equipment, internet or mobile connectivity, and software necessary to connect to TextBetter™, including but not limited to, a mobile device that is suitable to connect with and use TextBetter™, in cases where the Services offer a mobile component. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing TextBetter™.
10.2 Registration and Administration
In order to access certain features of TextBetter™ you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of TextBetter™ (“User”) who has registered an account with TextBetter™ and has signed a Letter of Authorization required to text enable a landline number (“Account”).
You shall be solely responsible for creating an administrative login (“Admin Login”) associated with your Account. Once an Admin Login has been created, you will be permitted to create up to the total number of additional user logins for which the applicable fees have been paid (each, a “User Login”), if any. You will be solely responsible for all activities that occur under User Logins, as each will be associated with your Account. User Login subscriptions can be used concurrently by and up to the number of User Logins for which the applicable fees have been paid.
In registering for use TextBetter™ you agree to: (1) provide true, accurate, current and complete information about yourself; and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are legally able to bind yourself (or company) to the Agreement and not a person barred from using TextBetter™ by any applicable law. You are responsible for all activities that occur under your Account. You agree to: (1) notify TextBetter™ immediately of any unauthorized use of your password or any other breach of security at [email protected]; and, (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or TextBetter™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TextBetter™ has the right to suspend or terminate your Account and refuse any and all current or future use of TextBetter™ (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself (unless so authorized). You agree not to create an Account or use TextBetter™ if you have been previously removed or banned by TextBetter™.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of TextBetter™.
10.3 General Compliance
You represent and warrant that: (1) you have procured all rights and licenses and have all power and authority necessary to use and text enable those phone numbers you register or associate with your Account, including the consent of any relevant third party; (2) you will not use the services on a phone number that has been exchanged, rented, or purchased from a third party without the permission of the phone number owner; (3) the phone number is not a mobile subscriber phone number; and, (4) you will use the Services for legal purposes only. For any number you have requested to be text enabled you will provide a copy of a recent phone bill (dated within 90 days of your initiation Subscription) and sign an LOA whereby or TextBetter™ may at its sole discretion terminate your account without further notice.
You agree that TextBetter™ is to be used only for peer-to-peer communication. Conversations are to be between a maximum of two parties. It is not to be used for sending one message to many recipients. Each message must be materially unique in content (e.g., not simply changing recipient). In addition, no more than 1 message is to be sent every 6 seconds as measured in 30 minute windows.
You agree that TextBetter™ has no obligation to notify You in the event it receives a court-ordered subpoena implicating your Content or other data held by TextBetter™.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through TextBetter™ (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not TextBetter™, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through TextBetter™ (“Your Content”), and that you and other Users of TextBetter™, and not TextBetter™, are similarly responsible for all Content they Make Available through TextBetter™ (“User Content”).
Unless expressly agreed to by TextBetter™ in writing elsewhere, TextBetter™ has no obligation to store any of Your Content that you Make Available on TextBetter™. TextBetter™ has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of TextBetter™. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that TextBetter™ retains the right to create reasonable limits on TextBetter™ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by TextBetter™ in its sole discretion.
10.5 Intellectual Property
You agree that TextBetter™ and its relevant affiliates own all rights, title and interest in TextBetter™. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TextBetter™ properties. TextBetter™ stylized name and other related graphics, logos, service marks and trade names used on or in connection with TextBetter™ are the trademarks of TextBetter™ or Quality Voice & Data, Inc., and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in TextBetter™ are the property of their respective owners.
10.6 Your License
In order to enable TextBetter™ to send and deliver your messages and otherwise provide you the Services, you grant TextBetter™ a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing TextBetter™ to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not TextBetter™, are responsible for all of Your Content that you Make Available on or in TextBetter™.
You agree that submission of any ideas, suggestions, documents, and/or proposals to TextBetter™ through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TextBetter™ has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TextBetter™ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TextBetter™. You also acknowledge and agree that TextBetter™ may use your name and logo(s) to identify you as a customer of TextBetter™, and, with your consent, publish your Feedback in connection with your name and logo(s) on TextBetter™.
10.7 Unauthorized Usage or Breach
In addition to the prohibited usage discussed above, you understand that TextBetter™ properties are not designed, intended, authorized or warranted to be suitable for use in the following “Unauthorized Applications:” life support applications, devices or systems; the operation of nuclear facilities; aircraft navigation systems; aircraft communication systems; air traffic control; direct life support machines; weapons systems; military or space equipment requiring radiation hardened components; and Enhanced 911 or the E911 emergency calling system. You warrant that you will not use TextBetter™ for Unauthorized Applications.
In the event that TextBetter™ determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the TextBetter™ Properties TextBetter™ reserves the right to:
10.7.1 warn you via e-mail (to any e-mail address you have provided to TextBetter™) that you have violated the Terms;
10.7.2 delete and/or discontinue delivery or transmission of any of Your Content provided by you or your agent(s) to the TextBetter™ Properties;
10.7.3 discontinue your registration(s) with the any of TextBetter™ Properties;
10.7.4 discontinue your subscription to any Services;
10.7.5 notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
10.7.6 pursue any other action which TextBetter™ deems to be appropriate.
If you want to terminate the Services provided by TextBetter™, you may do so by contacting TextBetter™ at any time and closing your Account for all of the Services that you use. Your notice should be sent, in writing, to TextBetter™’s address set forth below. Please also call 1-800-322-1112 or email [email protected] and provide notification that you have sent a notice requesting your account to be terminated. If you need assistance, please contact [email protected]
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without TextBetter™’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
10.10 Force Majeure
TextBetter™ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.11 Free Trials and Promotions
Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, unless specifically stated otherwise by TextBetter™, your subscription will automatically continue on a paid subscription basis, subject to Service Subscription Fees, unless you take action to cancel the subscription. If you are inadvertently charged for a subscription, please contact TextBetter™ to have the charges reversed.
11. Consent for Electronic Communication
The communications between you and TextBetter™ may use electronic means, whether you visit the TextBetter™ Properties or send TextBetter™ e-mails, or whether TextBetter™ posts notices on the TextBetter™ Properties or communicates with you via e-mail. For contractual purposes you: (1) consent to receive communications from TextBetter™ in an electronic form or through phone calls to any number associated with Your Account; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TextBetter™ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
12. Arbitration Agreement
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE A LICENSED ATTORNEY. THE PLACE OF ARBITRATION SHALL BE FRANKLIN COUNTY, OHIO. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO. THE ARBITRATORS WILL HAVE NO AUTHORITY TO AWARD PUNITIVE OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY’S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE. THE ARBITRATOR(S) SHALL NOT AWARD CONSEQUENTIAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATORS’ AND ADMINISTRATIVE FEES OF ARBITRATION. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE SUBSCRIBER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.