TERMS OF USE

ACCEPTANCE OF TERMS

A? Partnership (“Company”) provides services on its web property “ah-adstexts.com” (the “Company Domain”) to you subject to this Terms of Use (“Terms of Use”).   Company reserves the right to update the Terms of Use at any time without notice to you.  You can review the most current version of the Terms of Use by clicking on the “Terms of Use” link located at the bottom of the web pages on the Company Domain.

In addition to this Terms of Use, you may also be subject to the terms and conditions applicable to specific Company services or businesses.  For example, prior to providing access to any of the Services, you may be required to be subject to the terms and conditions of a Subscription Click Agreement.

DESCRIPTION OF SERVICES

Company, through its Company Domain, provides you with a variety of resources, including but not limited to web services, news and other information relating to Company, and the ability to send a single or mass text messages to any SMS capable device (the “Services”).  Company does not represent or warrant that the information provided by Company on the Company Domain is accurate, complete or current.

CHANGES TO TERMS OF USE

Company may from time-to-time, and at its sole discretion, modify the Terms of Use.  Company reserves the right to impose charges for any features or services.  The modified Terms of Use will be effective immediately upon posting.  You agree to the new posted Terms of Use by continuing your use of the Company Domain.  You agree to review the Terms of Use periodically and your continued use of the Company Domain following such modification will indicate your acceptance of these modified Terms of Use.  If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Company Domain.

PRIVACY POLICY

See the Company Privacy Policy for information regarding the collection and use of your personal information and any non-personal communication you transmit to the Company.  You consent to Company using such information and materials collected by the Company Domain under the terms of the Company Privacy Policy. 

AVAILABILITY AND REGISTRATION

You will not be able to use any of the subscription Services until after you have registered to use the Services using the Company Domain.  Any registration information that you provide to Company must be accurate, current and complete.

MONTHLY SUBSCRIPTION

You may be charged by your service provider for downloading and/or accessing the Services on your mobile phone, tablet or other handheld device (the “Device”).  This may include data roaming charges if you do this outside your home territory. 

The subscription Services is provided to you as a subscription service.  Company allows you to register and one or more users.  You will be charged a monthly charge for any users registered (“Monthly Subscription”).  You are responsible for any changes to the monthly charges or the Monthly Subscription upon notice to you either by means of notification on the Company Domain, or by other means including without limitation email or other communications to you.  You agree to pay a Monthly Subscription in advance of your monthly use of the Services. Your Services will be terminated if you fail to pay the Monthly Subscription in advance of such use.

You may terminate your Monthly Subscription at any time.  However, you will be responsible for an entire month of the then-current month’s charges and any termination of your Monthly Subscription, or the termination or suspension of your use of the Services by Company, before the end of the month will not result in any refunds owed to you by Company or any third parties.  The Monthly Subscription is solely your responsibility. 

Read more about Monthly Subscriptions and Pay as you go Click Agreement here.

TAXES AND OTHER CHARGES

Any use tax, sales tax, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, in any way related to the Monthly Subscription or any agreement between Company and you shall be paid by you in addition to any price quoted or invoiced.  In the event Company is required to pay any tax, fee or charge on your behalf, you shall reimburse Company therefor within 30 days or, in lieu of such payment, you shall provide Company at the time such agreement is entered into an exception certificate or other document acceptable to the authority imposing the tax, fee or charge.

CUSTOMER DATA

“Customer Data” as used herein means any content of any type that you upload, submit or otherwise transmit to or through the Company Domain.  You will retain all right, title, and interest in and to Customer Data in the form provided to Company Domain.  Subject to the Terms of Use, you hereby grant Company a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, and transmit Customer Data, and to (b) distribute and publicly perform and display Customer Data as you (or your authorized users) direct or enable through the Company Domain; in each case solely to the extent necessary to provide the Services of the Company Domain.  Company may also access your account or instance in order to respond to support requests.

INTELLECTUAL PROPERTY

The materials displayed on or contained within the Company Domain provided by Company or its licensors including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of Company or its licensors and are protected by copyright, trademark and other intellectual property laws.  The Company name, designs and related marks contained within the Company Domain are trademarks of Company.  You acknowledge and agree that the Company Domain and the Materials are the property of Company, and/or the respective service providers, suppliers or licensors and that you will not acquire any rights or licenses in any trademarks, patents, copyright or other intellectual property on the Company Domain or in its Materials.  The Company Domain and its Materials are protected by copyright, both individually and as a collective work or compilation and by trademark and patent laws, and other applicable laws. 

Company hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of any Company Domain) in accordance with the Terms of Use.  Any copies that you make of the Materials must retain all copyright and other notices.  Use of the Materials is only permitted with the express written permission of Company, and where applicable, its licensors.  Except as expressly provided for in this Terms of Use, you may not reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party, or participate in the transfer or sale of, create derivative works or in any way exploit the content of the Company Domain or any portion thereof without express prior written consent of Company.  You are not permitted to use any of the trademarks of Company, or its respective licensors, suppliers or service providers displayed on the Company Domain without the prior written consent of Company or the third party that owns the trademark.  No portion of the content on the Company Domain may be stored in a computer except for personal and non-commercial use.

YOUR OBLIGATIONS

You may use the Company Domain’s features, offerings and content for lawful purposes only.  By using the Company Domain, you indicate and represent that you have the power and authority to accept the Terms of Use and to enter into this agreement with Company, that you are capable of assuming, and do assume, any risks related to the use of the Company Domain and its Materials, and that you understand and accept the terms, conditions and risks relating to their use.   If you do not agree with the Terms of Use or are in any way dissatisfied with the Company Domain or its Materials, your exclusive remedy is to discontinue using the Company Domain.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Company Domain or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

NO ENDORSEMENT OF THIRD PARTY SITES

The Company Domain may contain links to or reference third party websites, resources and advertisers (“Third Party Sites”).  Your linking to such Third Party Sites is at your own risk.  Company is not responsible for the accuracy or reliability of any content information, data, opinions, advice, or statements made on the Third Party Sites.  Company is also not responsible for the availability of these Third Party Sites nor is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites.  No endorsement of any third party content information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Company Domain.  Under no circumstances shall Company or any affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, information, data, opinions, advice, statements, goods, services or products available on such Third Party Sites.  You should direct any concerns to the respective Third Party Site’s administrator or webmaster.  Any links to Third Party Sites do not imply that Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of Company.

DISCLAIMERS OF WARRANTY

The Materials provided on the Company Domain is for informational purposes only.  The Company and each of its licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon.

Company does not guarantee, represent or warrant that your use of Services will be uninterrupted, timely, secure or error-free.  Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

YOU EXPRESSLY AGREE THAT USE OF THE COMPANY DOMAIN IS AT YOUR SOLE RISK.  THE COMPANY DOMAIN MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  COMPANY, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.  COMPANY, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.  COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE COMPANY DOMAIN.  COMPANY MAY MAKE ANY OTHER CHANGES TO THE COMPANY DOMAIN AT ANY TIME WITHOUT NOTICE.

LIMITATIONS OF LIABILITY

COMPANY AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THE COMPANY DOMAIN (OR A THIRD PARTY WEBSITE LINKED TO THE COMPANY DOMAIN), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE COMPANY’S OR ITS RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THE TERMS OF USE.

PROTECTING INFORMATION

The Company Domain has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control.  However, complete confidentiality and security is not yet possible over the Internet.  Company assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

VIOLATIONS OF TERMS OF USE

Company reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including the right to block or restrict access from a particular Internet address to the Company Domain.

INDEMNIFICATION

You agree to indemnify, defend, and hold the Company and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (a) your failure to comply with any of the Terms of Use; and (b) your use of the Company Domain.  Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, the Terms of Use or the Company Domain.

GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the statutes and laws of the State of Texas or the federal laws of the United States, as applicable, without regard to the conflict of laws principles thereof.  You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use or your access to or use of the Company Domain resides in the courts located in Collins County, Texas.  You further expressly agree to submit to the exclusive personal jurisdiction of the courts located in Collins County, Texas for the purpose of litigating any such claim or action, or with respect to any and all matters arising in connection with the Terms of Use.

MISCELLANEOUS

This Section and the provisions of the Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive the termination of the Terms of Use.

This Terms of Use and the Privacy Policy, and, if applicable, the Subscription Click Agreement, constitute the entire agreement between the Company and you with respect to your use of the Company Domain, and supersedes all previous written or oral agreements.  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.  The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE COMPANY DOMAIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

Updated: November 20, 2020