Updated June, 2020

References to “we”, “us” and “our” herein refer to TextByChoice

Welcome to TextByChoice!  Use of the TextByChoice text message-based services (the “Services”) is subject to the following Terms of Service.  These terms constitute a legal agreement (the “Agreement”).  Please read them carefully.

By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by TextByChoice. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.

Contact

If you have any additional questions regarding this Agreement, please feel free to contact us any time at support [at] textbychoice [dot] com.

Help

To obtain help you may:

• Text “HELP ” to 25324 to obtain help on your mobile phone.

Terminating the Service

By You.  You may terminate any of the Services or subscriptions at any time by texting STOP to 25324 or the respective longcode you were opted in.

By TextByChoice.  You agree that TextByChoice, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if TextByChoice believes that you have violated or acted inconsistently with this Agreement. You agree that TextByChoice shall not be liable to you or any third party for any termination of your access to the Services.

Description of the Services

TextByChoice provides text message-based services such as local promotions. We also provide an opportunity for users of the Services to send text messages to one another. You acknowledge and agree that the Services are for your personal use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the Services, you must enter into an agreement with TextByChoice to do so in advance. Please contact us for more information.

TextByChoice occasionally provides links or access to websites, services or properties owned by third parties (collectively “Third Party Links”). TextByChoice does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links.

Frequency of Messaging

TextByChoice alerts are delivered via text messaging to your mobile phone, 1 msg/day.

Access to the Services

In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which TextByChoice makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.

Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS.
The Wireless Carriers are not liable for delayed or undelivered messages.

In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.

If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.

TextByChoice reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. TextByChoice uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that TextByChoice will not be liable to you for any modification, suspension or discontinuance of the Services.

Conduct

You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or “spam”. You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.

Privacy

Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Submissions

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to TextByChoice shall be and remain the exclusive property of TextByChoice. Your submission of any such Comments shall constitute an assignment to TextByChoice of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. TextByChoice will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. TextByChoice expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Trademarks, Names and Logos

All trademarks, names and logos used on TextByChoice’s website or delivered via the Services are owned by TextByChoice or TextByChoice’s third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without TextByChoice’s prior permission, you agree not to display or use in any manner, the TextByChoice trademarks, names and logo.

Copyright Infringement

TextByChoice is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please contact us support [at] textbychoice [dot] com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.

Age Requirements and Service Limitations

Users of the Services must be at least 13 years of age. By using the Services, you are representing that you are at least 18 or that you are at least 13 years old and have your parents' permission to use the service.

We reserve the right to terminate any account for non-use of longer than 90 days.

You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TextByChoice AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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. TextByChoice AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TextByChoice AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TextByChoice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless TextByChoice and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct). TextByChoice reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with TextByChoice and its counsel in the conduct of such defense.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind TextByChoice in any respect whatsoever.

TextByChoice may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement constitutes the entire agreement between you and TextByChoice with respect to your use of the Services.

Updated June, 2020

References to “we”, “us” and “our” herein refer to TextByChoice.

We are committed to protecting your privacy. This Privacy Policy (the “Policy”) governs how we treat the Personal Information that we collect and receive from you in connection with your use of the Service and is incorporated into the Terms of Service.

By using the Service, you agree to the terms of this Policy. We reserve the right, at our sole discretion, to modify or change this Privacy Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.

" Personal Information" is information that individually identifies you, such as your mobile phone number or user/screen name, as well as the messages you send through the Service.

What We Collect from You

We receive your mobile phone number when you send a text message to us. We receive the text of messages that you send to other users of the Service. We also receive any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us. We use this information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external clients and partners.

Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. TextByChoice utilizes servers owned by third parties.

Disclosure of Your Information

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

• We have your consent.
  
• We need to enforce our Terms of Use.
  
• We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures.
  
• We provide such information to a company controlled by, or under common control with, TextByChoice for any purpose permitted by this Policy.
  
• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  
• We believe it is necessary to share Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TextByChoice’s Terms of Use, or as otherwise required by law.
  
• We transfer Personal Information about you if TextByChoice is, or its assets are, acquired by or merged with another company.

We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month, or the total number of texts sent in a given week.

We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages.

Security

TextByChoice takes precautions to ensure the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel may gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network).

We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

Opting Out

TextByChoice provides you with the ability to opt out of the Service for any reason. You can opt out by texting “STOP” or “QUIT” to 25324.

Children

The Service is not intended for children under 13, and TextByChoice does not knowingly collect information from children under the age of 13.

Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the service.

Questions or Concerns?

If you have any additional questions regarding this Policy, please feel free to contact us any time at support [at] textbychoice [dot] com