Legal (Terms of Use)
USER AGREEMENT
These terms and conditions govern your use of this web site (the "Web Site") and any associated services operated by TextBound, a Tennessee limited liability company, ("TextBound"). By using this Web Site and associated services you consent and agree to these terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE AND TEXTBOUND'S SERVICES.
1. ACCURACY OF INFORMATION AND USE OF INFORMATION
TextBound may deliver information, data, services and messages ("Information") to you by or through a variety of sources including, but not limited to, TextBound operated web sites, text messaging, mobile web, and email among other media and methods. All Information delivered by TextBound including, but not limited to, information relative to a) real estate, b) property owners, agents, brokers, professionals, or representatives (collectively the "Property Owners") and their contact information, including, but not limited to, company, address, telephone numbers, email addresses, web sites, c) real estate pricing, features, details, location, or other information provided by third parties including, but not limited to, Property Owners or has been obtained from public sources, d) other information including offerings of business services, automobiles, and boats, and e) advertisements or contests. While TextBound strives to ensure that the Information on this Web Site or other Information that may be delivered to you is accurate, there is no representation or warranty as to the accuracy or reliability of Information provided on this Web Site or otherwise.
TextBound makes no warranties or representations whatsoever with regard to a) any property, product, or service offered by any Property Owner or other third party furnishing information using TextBound services, and you acknowledge that any reliance on representations and warranties provided by any Property Owner or third party user of TextBound services shall be at your own risk.
If you use the information on this Web Site or other Information that TextBound may deliver, there may be charges, fees or costs that accrue. If you contact Property Owners or third parties by using cell phones, personal data devices, text messaging or any other means of communication, you may incur charges with your server, carrier or provider. UNDER NO CIRCUMSTANCES WILL TEXTBOUND BE LIABLE FOR COSTS THAT YOU MAY INCUR FOR CONNECTIONS, WIRELESS TRANSMISSIONS OR INTERNET TRANSMISSIONS AND YOU SHALL BE RESPONSIBLE FOR ALL OF YOUR MESSAGING COSTS.
2. NO RECOMMENDATION
TextBound neither recommends nor endorses any property, product, service, organizer, advertiser, or Property Owner or other third party named in this Web Site or otherwise described in any Information that TextBound may transmit.
3. TRADEMARKS
TextBound makes no claim of ownership or any rights to or about the trademarks of any Property Owners or other third parties whose properties, products, advertisements, or services are listed on this Web Site or otherwise described in any Information transmitted by TextBound to you, or for any publisher or publication mentioned on this Web Site or in other Information including, but not limited to, any goodwill that arises from the use of those trademarks.
4. USE OF CONTENT
You may not copy, modify, redistribute, or publish any content of this Web Site or of any Information transmitted to you by TextBound without the express permission of TextBound which may be withheld in TextBound’s sole discretion. Contents of this Web Site and of all Information that TextBound may deliver to you are only for your own personal use and you shall abide by all copyright and other notices contained in such content.
5. LINKS
TextBound is not responsible for the content of any links to other sites on the internet which are owned and operated by Property Owners or other parties.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
You expressly acknowledge and agree that your use of TextBound's Web Site or associated services is at your sole risk.
TEXTBOUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEB SITE OR IN ANY INFORMATION DELIVERED BY TEXTBOUND IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BOUNCEPAD SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF ANY INFORMATION THAT MAY BE DELIVERED TO YOU BY TEXTBOUND, EVEN IF TEXTBOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TextBound shall not be held responsible or liable for any actions taken, either wholly or in part, based on the Information provided on this Web Site or otherwise that may be delivered to you by TextBound, or for any loss, damage, expense or injury resulting from any transactions conducted with any Property Owner or entity listed on this Web Site or in any Information that TextBound may deliver to you. The Information, services, products, and materials contained in this Web site or available through TextBound or delivered by TextBound are provided on an "AS IS" basis. TEXTBOUND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TextBound shall not be liable for or responsible to honor (or to cause any Property Owner or other third party to honor) any erroneous information regarding the price, description and availability of, or any property details, features, or service offerings available on this Web Site or through any other services, regarding such matters. All Information is subject to change without notice. TEXTBOUND SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, CLAIM, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS WEB SITE OR TEXTBOUND'S SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via this Web Site or otherwise via TextBound.
7. OTHER TERMS
If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by TextBound, in its sole discretion, to a third party in the event of a merger, acquisition, sale, or assignment. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and TextBound despite any other program or service offered by TextBound. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.
8. INDEMNIFICATION
You agree to indemnify and hold TextBound, its subsidiaries, affiliates, officers and employees, and TextBound's providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your use of this Web Site, the violation of this Agreement by you, or the infringement by you, or other user of any right of any person or entity.
ACCEPTABLE USE POLICY
1. Intellectual Property Rights.
TextBound, a Tennessee limited liability company, ("TextBound"), respects the intellectual property rights granted under the U.S. copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, TextBound's information systems, servers, or services in any manner that infringes upon the intellectual property rights of any entity or individual. All notices received by TextBound indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account contact on file, accompanied by a request to verify and possibly cease and desist. TextBound's policy of service suspension or termination of members deemed to infringe upon the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law. All claims of copyright infringement should be delivered to the following Designated Copyright Agent of TextBound: 9046 N. Brother Blvd, Suite 103, Bartlett, TN 38103. Email: copyright@textbound.com
2. Hacking & System Abuse.
TextBound does not permit the use of its services, systems, or software for anything other than normal user and customer interaction. Any accessing or attempting to access the machines, accounts, services, software, or servers of TextBound or its users or customers, or any other attempts to breach the security of any systems, regardless of success or failure, is in violation. This also applies to unauthorized SMS traffic, e-mail or web relay/proxy access attempts and port scans of any and all servers and services.
3. SMS/Email Spam.
TextBound strictly prohibits sending unsolicited messages through any of its services or servers. Transmission of unsolicited SMS messages from any of TextBound's servers, services, or software is prohibited, and will result in termination and potential legal action.
4. Resale of Services or Access.
TextBound does not permit its services, access, accounts, or software to be re-sold, leased, rented, used, or loaned to anyone, except as permitted by TextBound in writing. TextBound reserves the right to refuse access to anyone, and to terminate contracts and accounts in the event that TextBound reasonably believes this policy has been violated. Any user or company that is found to have violated this policy assumes any and all liability relating to use by others.
5. Personnel Abuse.
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward TextBound personnel will not be tolerated and shall, in addition to all other remedies available to TextBound under law, allow TextBound to cease providing services to you.
6. Unsuitable Content.
Customer understands that TextBound is under contract with Wireless Carriers and other service providers in order to operate and provide services. Customer acknowledges that their abuse or violation of this policy, or of TextBound's services, either intentionally or unintentionally, may affect relationships and agreements with TextBound's other clients or customers, as well as its overall business in general and ability to operate with the Wireless Carriers.
7. Words & Language.
TextBound does not permit the use of the following: Explicit Sexual Language; Crude Words, Profanity, Or Vulgar Language; Repeated Mild Expletives; Language intended to incite or encourage violence; Racial, Ethnical, or other hate speech.
8. Nudity or Sexual Material; Images.
TextBound does not permit any sexual material, legal or illegal, in any form. This includes sexual images, text, links, or promotion of sexual content, either expressed or implied. TextBound does not permit images that are sexual in nature, including obscured or implied, visible or hidden, including any sexual act, kissing, nudity, indecent gestures. TextBound does not allow images of this nature in any context, including artistic, educational, or medical contexts without prior written authorization.
9. Violence.
TextBound does not permit any use that incites or encourages violence or abuse of any kind, including, but not limited to: Depictions of violence in any form; Depictions of blood and gore; Depiction or presentation of violent crimes, acts, or practices; Glorification of criminal acts, violent or otherwise.
10. Drug Use.
TextBound does not permit any use that references illegal substances or drugs in any way. TextBound does not permit any use that promotes the abuse of alcohol, drugs, tobacco, or other controlled substances, including reference or glorification.
11. Other.
TextBound does not permit the transmission of any obscene, indecent, or illegal material. Additionally, TextBound does not permit any derogatory or negative references to any of TextBound's supported wireless carriers, customers, or end users. TextBound does not permit transmissions to contain any glorification, comparison, or other reference to any of the wireless carriers, or TextBound itself, except as specifically permitted by TextBound in writing.
12. End User Privacy.
TextBound respects the privacy of our end-users. As part of this commitment, TextBound does not allow the sale, loan, or distribution of any TextBound end-user information, except where the users is notified beforehand and gives permission through opt-in or other means. All campaigns, transmissions, and use shall be in accordance with TextBound's end-user Privacy Policy.
13. Other Prohibited Uses
In addition, the following shall be prohibited uses to the users of the services of TextBound: No false or unwarranted claims for any property, product, advertisement, or service; No infringements of another advertiser's rights through plagiarism or unfair imitation of either program idea or copy, or any other unfair competition; No disparagement of competitors or competitive goods; No contest of any kind in which the public is unfairly treated; No announcements which are obscene, slanderous, profane, vulgar, repulsive or offensive, either in theme or in treatment; No ambiguous statements that may be misleading to the viewers of the transmissions; No appeals for funds; No testimonials which cannot be authenticated; No transmission matter or announcements which may, in the opinion of TextBound, be injurious or prejudicial to the interests of the public, TextBound, or honest advertising and reputable business in general.
14. General
This Agreement shall be governed by Tennessee law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Memphis, Tennessee. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and TextBound as a result of this agreement or use of the Service. The failure of TextBound to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TextBound in writing. This Agreement comprises the en tire agreement between you and TextBound with respect to your use of the Service and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein; provided however that users of the Professional and Personal Editions of the Service may be subject to additional terms and conditions. In the event of any conflict between this Agreement and such additional terms and conditions, the additional terms and conditions shall govern.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to terms@textbound.com
