Terms & Conditions
Welcome to Textin, a text marketing platform provided by [XLR8 Marketing Group LLC.] ("we," "us," or "our"). By accessing or using our website, mobile application, or any other service or product we offer (collectively, the "Services"), you are agreeing to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, do not use our Services.
Eligibility. The Services are intended for use by businesses located in the United States. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.
Account Registration. In order to use certain features of the Services, you may be required to create an account and provide certain information about yourself, including your name, email address, and phone number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
Service Fees. We may charge fees for certain Services. Any fees that we charge will be clearly disclosed to you before you are charged. You are responsible for paying all fees and taxes associated with your use of the Services.
Privacy Policy. Our Privacy Policy, which can be found at [URL], describes how we collect, use, and share information about you when you use the Services. By using the Services, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.
Intellectual Property. The Services, including all text, graphics, images, software, and other content, are owned by us or our licensors and are protected by United States and international copyright and trademark laws. You may not use any content from the Services for any commercial purpose without our prior written permission.
Termination. We reserve the right, at any time and without notice, to terminate your access to the Services for any reason, including for any violation of these Terms and Conditions or our Privacy Policy.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. These Terms and Conditions and your use of the Services shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any principles of conflicts of law.
Dispute Resolution. Any dispute arising out of or relating to these Terms and Conditions or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Mississippi.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements or understandings, whether oral or written. These Terms and Conditions may not be amended or modified except in writing signed by both parties. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect. The failure of either party to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy. The failure of either party to enforce any provision of these Terms and Conditions shall not be deemed a waiver of future enforcement of that provision or of any other provision.