TEXT RIPPLE WELCOMES YOU TO TEXTRIPPLE.COM. WE ASK THAT
CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND
ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY
USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
Permitted Uses. This website is provided solely for the use of current and future
customers of TEXT RIPPLE to provide you with information about our company, to
permit you to place orders for our Services, to use said Services, and to enable you to
contact us with any questions or comments that you may have. Any other use of this site
Prohibited Uses. By way of example, you should not use any features of this site to communicate:
any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
any encouragement of illegal activity;
any unsolicited information (i.e. given without express consent) in the form of a text message;
unauthorized use or disclosure of private, personally identifiable information of others; or
any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
Content. The information contained on this site, including all images, designs,
photographs, writings, graphs, data, and other materials ("Content") are the property of
TEXT RIPPLE and are protected by copyrights, trademarks, trade secrets, or other
Rights. Except as expressly provided in this Agreement, TEXT RIPPLE does not
grant you any express or implied right in any site Content.
Site Content. Subject to your compliance with this Agreement and your
payment of any applicable fees, TEXT RIPPLE grants you a non-exclusive, nontransferable,
non-sublicensable license to access and make personal and noncommercial
use of the Content. Except as expressly provided by this Agreement,
Content may not be reproduced, transmitted, or distributed by any means without
the express written permission of TEXT RIPPLE. Requests for permission to
make other uses of the Content should mailed to: Text Ripple, 29488 Woodward
Ste. 244, Royal Oak, MI 48073.
TEXT RIPPLE's Trademarks. Subject to your compliance with this
Agreement and your payment of any applicable fees, TEXT RIPPLE grants you a
non-exclusive, non-transferable, non-sublicensable license to use Text Ripple,
TextRipple.com, and any associated logos or other trademarks ("Marks") to
identify yourself as a customer and user of the Services, provided you do not
attempt to claim any rights in the Marks, degrade the distinctiveness of the Marks,
or use the Marks to disparage or misrepresent TEXT RIPPLE in any way. TEXT
RIPPLE may revoke this license at any time.
User-Submitted Material. By submitting material to this site, you grant a
perpetual, non-exclusive, royalty-free license to TEXT RIPPLE to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display such material (in whole and in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed for the full term of any rights that may exist in such material.
You further agree to not submit material that may infringe the intellectual
property rights of any third party.
Defined. TEXT RIPPLE's Services include providing a web-based admin console
that allows you to send text message advertisements to your customers ("End Users")
who have registered with TEXT RIPPLE to receive messages from you. As a subscriber,
you use the admin console to set text message copy ("Copy") and select the days and
times on which text messages will be sent. TEXT RIPPLE reserves the right to refuse to
send any Copy that, in TEXT RIPPLE's sole discretion, contains inappropriate or
Charges and Payments.
Subscriptions. The Services are made available on a pay-as-you-go basis
and are billed for at the start of your elected subscription term (generally monthly
or annually). Your subscription will renew automatically based on your plan's
Payment. The Services include an interface for you to provide and update
credit card information. If you do not provide your credit card or other payment
information to TEXT RIPPLE before the expiration of any term or free trial
period, your account may be suspended or cancelled until payment information
and charge authorization are provided. If an invoice for services is not paid when
due, TEXT RIPPLE may elect to charge a late fee as well as interest on any pastdue
fees in the amount of 1.5% per month or the maximum amount permitted by
law, whichever is less.
Modifications. If you choose to upgrade your plan during your
subscription period, any incremental cost will be prorated over the remaining term
of the subscription period and charged to your account. If you are on a monthly
billing cycle, your new billing rate will be reflected on your next monthly bill.
There are no refunds or credits for partial months of service, plan downgrades, or
unused messages, even if you close your account before the end of the
subscription period. TEXT RIPPLE reserves the right to charge additional fees if
you maintain unusually high numbers of End Users, monthly tickets, or place
other excessive stress on the Services.
Billing Privacy. TEXT RIPPLE uses a third-party intermediary to manage
credit card processing. This intermediary is not permitted to store, retain, or use
your billing information except to process your credit card information for TEXT
RIPPLE. For more information about our billing practices and your personal
Taxes. Unless otherwise stated, our charges do not include any taxes,
levies, duties, or similar governmental assessments, including value-added, sales,
use, or withholding taxes assessable by any local, state, provincial, or foreign
jurisdiction ("Taxes"). You are responsible for paying Taxes, and we will invoice
you for Taxes if we believe we have the legal obligation to do so.
DISCLAIMER OF WARRANTY
Reliability. You expressly agree that use of this website is at your sole risk. Neither
TEXT RIPPLE nor its agents warrant that this site will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained from the use of this site,
or as to the accuracy, completeness, reliability, security, or currency of the Content or of
the Services provided on this site.
Errors. The Content may contain errors, omissions, inaccuracies, or outdated
information. Further, TEXT RIPPLE does not warrant reliability of any statement or
other information displayed or distributed through the site. TEXT RIPPLE reserves the
right, in its sole discretion, to correct any errors or omissions in any portion of the site.
TEXT RIPPLE may make any other changes to this site and its Content at any time
Disclaimed Warranties. THIS SITE AND ITS CONTENTS ARE PROVIDED ON
AN "AS IS,""WHERE IS," AND "WHERE AVAILABLE" BASIS. TEXT RIPPLE
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ITS CONTENTS AND
SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW,TEXT RIPPLE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS
SITE OR ANY PRODUCTS OR SERVICES SOLD ON THIS SITE OR YOUR USE
OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF
MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
Generally. YOU AGREE THAT TEXT RIPPLE AND ITS PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
CONTENT OR SERVICES ON THIS SITE REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,
INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL TEXT
RIPPLE OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR
CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING
OUT OF OR IN ANY WAY RELATED TO THE CONTENT ON THIS SITE OR ANY
OTHER PRODUCTS, SERVICES, OR INFORMATION SOLD ON THIS SITE, YOUR
USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN
CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER TEXT
RIPPLE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Unsolicited Text Messages. BY USING THIS SITE AND ITS SERVICES, YOU
ACKNOWLEDGE THAT YOU ARE AWARE THAT SENDING UNSOLICITED
TEXT MESSAGES TO MOBILE PHONE NUMERS IS A VIOLATION OF THE
TELEPHONE CONSUMER PROTECTION ACT AND OTHER APPLICABLE LAWS.
YOU AGREE TO BE SOLELY RESPONSIBLE FOR OBTAINING ANY CONSENT
NECESSARY UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND
OTHER APPLICABLE LAWS BEFORE ANY TEXT MESSAGE IS SENT EITHER
BY YOU OR BY TEXT RIPPLE. TEXT RIPPLE IS NOT RESPONSIBLE FOR
OBTAINING CONSENT FROM YOUR CUSTOMERS OR ANY OTHER
INDIVIDUALS, AND AS SUCH TEXT RIPPLE DISCLAIMS ALL LIABILITY
ARISING FROM SENDING TEXT MESSAGES TO MOBILE PHONE NUMBERS
PROVIDED BY YOU. YOU FURTHER AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND TEXT RIPPLE AND ITS AFFILIATES, OFFICERS,
TRUSTEES, AND EMPLOYEES FROM AND AGAINST ANY CLAIMS,
DAMAGES, LIABILITIES, EXPENSES, OR LOSSES (INCLUDING ATTORNEYS'
FEES) RESULTING FROM YOUR FAILURE TO OBTAIN EXPRESS CONSENT
FROM YOUR CUSTOMERS OR ANY OTHER INDIVIDUALS PRIOR TO SENDING
Maximum Liability. IN NO EVENT WILL TEXT RIPPLE'S LIABILITY
EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO TEXT RIPPLE FOR
SERVICES UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless TEXT RIPPLE and its agents from
and against any and all claims and expenses, including reasonable attorney fees, arising
out of or related in any way to your use of the site and its Services, violation of this
Agreement, violation of any law or regulation, or violation of any proprietary or privacy
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be
commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, TEXT RIPPLE may immediately discontinue,
suspend, terminate, or block your and any user's access to this site at any time in our sole
Use Links at Own Risk. As a convenience to you, we may provide on this site links
to websites operated by other entities (collectively the "Linked Sites"). If you use any
Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at
your own risk.
No Responsibility for Linked Sites. Except for links to information authored by
TEXT RIPPLE, TEXT RIPPLE is neither responsible for nor will it be liable under any
theory based on (i) any Linked Site; (ii) any information and/or content found on any
Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit
any Linked Sites and/or transact any business on them, you do so at your own risk.
Link Removal. TEXT RIPPLE reserves the right to discontinue any Linked Site at
any time without prior notice.
CONTROLLING LAW, INTERNATIONAL USERS, AND JURISDICTION
Controlling Law. This Agreement is governed by and shall be construed in
accordance with the laws of the State of Michigan, U.S.A., without reference to its
International Users. TEXT RIPPLE makes no representation that the Content is
appropriate or available for use outside the United States. If you access this site from
outside the United States, you will be responsible for compliance with all local laws. You
agree to comply with all laws and regulations applicable to your use of this site.
Jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the
state or federal courts located within Kent County, Michigan for any disputes with TEXT
RIPPLE arising out of your use of this site.
ENTIRE AGREEMENT; SEVERABILITY; WAIVER
Entire Agreement. This Agreement constitutes the entire agreement between
TEXT RIPPLE and you with respect to this website, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written,
between you and TEXT RIPPLE with respect to this website.
Electronic Same as Printed. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based on or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
Severability. If for any reason a court of competent jurisdiction finds any provision
of this Agreement or portion of it to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent of this Agreement, and the
remainder of this Agreement shall continue in full force and effect.
Waiver. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time. Your continued use of the site will be
deemed your acceptance of the revised Agreement. Any such modifications will become
effective on the date they are first posted to this site. It is your responsibility to return to
this Agreement from time to time to review the most current terms and conditions. TEXT
RIPPLE does not and will not assume any obligation to notify you of changes to this
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this
website, including but not limited to any consent you give to receive communications
from TEXT RIPPLE solely through electronic transmission. You agree that when in the
future you click on an "I agree,""I consent," or other similarly worded "button" or entry
field with your mouse, keystroke, or other computer device, your agreement or consent
will be legally binding and enforceable and the legal equivalent of your handwritten