TERMS & CONDITIONS

LAST UPDATED June 12, 2020

Thank you for visiting the Text-Calibur website. (“Site”). This Site is the Property of Text-Calibur Inc (“Text-Calibur” “We” “Our” or “Us”). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following “Terms and Conditions”. These Terms and Conditions are inclusive of the Text-Calibur Privacy Policy (“Privacy Policy”), as well as any other supplemental terms and conditions, policies, agreements and/or other applicable documents that are expressly incorporated herein by reference (collectively, the “Agreement”).

Please review the Terms and Conditions carefully. If you do not agree to the terms of the Agreement in their entirety, you are not authorized to use this Site and/or the Services offered on this Site.

 

Use of Services:

Text-Calibur provides text messaging services that allow you to send bulk text messages to many recipients all at once within seconds. Text-Calibur Services may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. Text-Calibur reserves the right at its sole discretion, to determine any violation of the use Text-Calibur services. Text-Calibur Services may be used for only lawful purposes. Using the Services in an illegal or abusive manner or any other manner that interferes with or diminishes other’s use or enjoyment of the Services is prohibited. You agree to the privacy policy made part of this agreement and agree to enforce the indicated permission-based marketing practices with anyone using Services provided through Text-Calibur as required by law. You also agree to assume full responsibility and accept any and all legal consequences that may arise out of your use of the products and Services provided by Text-Calibur.

 

In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material.

Text-Calibur reserves the right to suspend or terminate Services at any time, at its sole discretion, and without prior warning if your use of the Services is reasonably believed to violate any term in this Agreement or any applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you.

 

Legal Compliance:

You acknowledges agree that Text-Calibur is a service provider who provides you with the platform necessary to allow you to send text messages (“Service(s)). Under no circumstance shall Text-Calibur be liable for any text messages sent and/or phone calls made by you or by any entity on your behalf. Text-Calibur shall not be liable for any violations of any federal, state or local, laws, acts and/or regulations including, but not limited to the Telephone Consumer Protection Act (TCPA), and any and all requirements of any national, state and/or local do not call lists resulting from or arising out of any text messages sent and/or phone calls made by you or by any entity on your behalf .

 

 

Requirements:

The Site and those Services offered by Text-Calibur are available only to authorized representatives of valid legal entities and/or individuals who can enter into legally binding contracts under applicable law. this Site and/or the Services offered on this Site are not intended for use by individuals under eighteen (18) years of age. If you are not an authorized representative of a valid legal entity, are under eighteen (18) years of age and/or unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Site and/or those Services offered by Text-Calibur. It is your responsibility for ensuring that you have the necessary internet connection(s) and equipment to access and use the Site and/or those Services offered by Text-Calibur.

 

 

No-Tolerance Anti-Spam Policy:

Text-Calibur has a no-tolerance policy toward spam. Although Text-Calibur does not assume the duty or obligation to monitor messages, Text-Calibur does reserve the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that such messages conform to guidelines and policies pertaining to the Site and/or those Services offered by Text-Calibur as well as all federal, state or local, laws, acts and/or regulations. Evading or attempting to evade Text-Calibur’ monitoring system and/or the transmission of spam messages through the system violates these Terms and Conditions.

 

 

Prohibited Content:

Text-Calibur prohibits use of its Services in connection with any of the following content, products, and/or services.

  • Pornography, sexual products, otherwise sexually explicit material, and escort Services,
  • Illegal drugs and/or drug contraband and promotions of alcoholic beverages,
  • Cannabis and CBD products
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code,
  • Instructions or materials for the assembly of bombs or other weapons,
  • Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor),
  • Pyramid schemes or multilevel-marketing businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings,
  • Any libelous, defamatory, scandalous, threatening, or harassing activity,
  • Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry or discrimination,
  • Advocation, promotion, or other encouragement of violence,
  • Any product or service that is unlawful where such product or service or promotion thereof is received,
  • Images of authors, artists, photographers, or others without written consent of the content owner,

 

 

Opt-out:

Every outgoing email and/or text via the Text-Calibur Services must contain a link that allows the recipient to unsubscribe from your distribution list(s). All mobile messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices). For example, and without limitation, every SMS message must include “STOP” instructions.

 

 

Modification:

Text-Calibur, in our sole discretion, may amend these Terms and Conditions from time to time without specific notice to you. The latest version of these Terms and Conditions will be posted on the Site, and you should review these Terms and Conditions prior to using the Site and/or the Services offered by Text-Calibur. By your continued use of the Site and/or the Services offered by Text-Calibur, you hereby agree to comply with all of the terms and conditions contained within these Terms and Conditions effective at that time. It is recommended that you should regularly check these Terms and Conditions for updates and/or changes.

 

 

Limitation of Liability:

In no event shall Text-Calibur, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

 

Proprietary Rights:

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, Services and other matters related to the Site and Services offered by Text-Calibur may be protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication, or sale by you of any part of the Site and/or Services offered by Text-Calibur is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, Services, or other materials viewed at or through the Site and/or through the Services offered by Text-Calibur. The Text-Calibur name and logo are the exclusive property of Text-Calibur Inc. Any posting of information or material on or through the Site does not constitute a waiver of any right in or to such information and/or materials.

 

 

Indemnification:

You agree to indemnify and hold Text-Calibur, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Services offered by Text-Calibur; (b) your breach of the Agreement; and/or (c) any dispute between you and any third party or other entity. The provisions of this Section are for the benefit of Text-Calibur, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

You agree that Text-Calibur has the right to seek and recover all of its damages caused by you through any use of the Site and/or the Services offered by Text-Calibur in an unlawful manner and in a manner that violates these Terms of Use. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all Services from Text-Calibur and its affiliates whether or not Text-Calibur is notified of any possibility of such damages. This section shall survive the termination of this Agreement regardless of the cause or nature of such termination.

 

Disclaimer of Warranties:

TEXT-CALIBUR PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. TEXT-CALIBUR AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, TEXT-CALIBUR DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, TEXT-CALIBUR DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH TEXT-CALIBUR SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY TEXT-CALIBUR, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.

 

 

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXT-CALIBUR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXT-CALIBUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OFFERED BY TEXT-CALIBUR AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR ANY OF THE TEXT-CALIBUR SERVICES; (D) THE UNAUTHORIZED ACCESS OR USE OF YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OFFERED BY TEXT-CALIBUR AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE YTEL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TEXT-CALIBUR TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TEXT-CALIBUR. THE SITE, SERVICES OFFERED BY TEXT-CALIBUR AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

 

 

Third Party Websites:

The Site may provide and/or refer you to links to other Internet websites. Because Text-Calibur has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Text-Calibur is not responsible for the availability of such third-party websites and/or resources. Furthermore, Text-Calibur does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

 

 

Privacy Policy:

Use of the Site, Services offered by Text-Calibur and any and all data and/or materials that you submit through or in association with same, are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site and/or Services offered by Text-Calibur, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy.

 

 

Refund Policy:

No refunds will be made, once messages have been sent. Text-Calibur is not responsible for text messages generated by Client or any entity on behalf of Client.

 

Waiver and Severability of Terms:

At any time, should Text-Calibur fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

 

 

Contact Us:

If you have any questions about this Privacy Policy, please:

(a) call us at: (800) 397-7533

(b) email us at: [email protected]; or

(c) contact us via U.S. mail at:

Text-Calibur Inc.
956 3 Mile Rd NW
Grand Rapids, MI 49544