Terms of Use – Mass Text App™

Effective Date: September 22, 2020

Welcome to the https://www.masstext.app/ website made available to you by Mass Text App LLC (“we” or “us”). We maintain this website for your personal information and communication to you of the benefits of software applications for mass texting and/or voicemail delivery. Your access to and use of this website is subject to the following Terms of Use (“Terms”). Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website.

ARBITRATION & CLASS WAIVER NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Modifications

We act as a service provider to one or more mass texting and voicemail delivery services. We do not provide mass texting or voicemail delivery services and are not responsible for the quality, efficiency, results or any other outcomes that may result from your use of such services. Your purchase and use of any such services are solely subject to any terms and conditions between you and the provider of such services.

Referral Source

Site Information

Information displayed on this website is subject to modification without notice. We reserve the right to modify such information without any obligation to notify past, current or prospective website users. Some services may not be available in certain areas. We make no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States. Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers and any additional terms of the service provider providing such services.

Intellectual Property Rights

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website is owned by us, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to us appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to us or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Use of this Site

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without our prior written consent.

Content on this Website may include videos and other embedded content, such as YouTube videos. Any access to YouTube videos is also subject to YouTube’s Terms of Service available here. By accessing such content you are agreeing to be bound by YouTube’s Terms of Service.

No Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR ANY OF OUR RESPECTIVE OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

We make all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. WE DO NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE OR (2) THAT USE OF THIS WEBSITE OR ANY MATERIALS ON THIS WEBSITE WILL MEET ANY USERS REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. We do not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including us, will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from us or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to us. Such links are provided only as a service to our visitors. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website. We have not reviewed all such websites and are not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of our Privacy Policy https://www.masstext.app/privacy, which are incorporated into these Terms of Use by this reference.

Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and each of our respective officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any of our intellectual property or the rights of or any other person or entity.

Dispute Resolution.

THIS SECTION IS DEEMED TO BE A “WRITTEN AGREEMENT TO ARBITRATE” PURSUANT TO THE FEDERAL ARBITRATION ACT. YOU AGREE THAT WE INTEND THAT THIS SECTION SATISFIES THE “WRITING” REQUIREMENT OF THE FEDERAL ARBITRATION ACT. THIS SECTION CAN ONLY BE AMENDED BY MUTUAL WRITTEN AGREEMENT SIGNED BY BOTH PARTIES.

A. Informal Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to this website, its content or the use of the same, or these Terms, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, negligence, fraud, any other intentional tort or common law), constitutional provision, respondeat superior, agency or any other legal or equitable theory, and whether arising before or after the effective date of these Terms) (each, a “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such contact information exists or if such information is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent to: [email protected] Except as set forth below, for a period of sixty (60) days from the date of receipt of notice from the other party, we each agree to engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either of us to resolve the Dispute on terms with respect to which either of us, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. Except as set forth in below, if we cannot resolve a Dispute as set forth above within sixty (60) days of receipt of the notice, then any and all Disputes arising must be resolved by final and binding arbitration. The Federal Arbitration Act (“FAA”) governs the arbitrability of any Dispute. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the enforceability or formation of these Terms and the arbitrability of dispute between the parties.A DISPUTE WILL BE RESOLVED SOLELY BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES INC. (“JAMS”), IN ACCORDANCE WITH THE THEN-CURRENT STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF, OR BY ANY OTHER ARBITRATION ADMINISTRATION SERVICE THAT YOU AND OUR OFFICER OR LEGAL REPRESENTATIVE CONSENT TO IN WRITING. IF AN IN-PERSON ARBITRATION HEARING IS REQUIRED, THEN IT WILL BE CONDUCTED IN THE “METROPOLITAN STATISTICAL AREA” (AS DEFINED BY THE U.S. CENSUS BUREAU) WHERE YOU ARE A RESIDENT AT THE TIME THE DISPUTE IS SUBMITTED TO ARBITRATION. YOU AND WE WILL PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES AND OTHER COSTS IN ACCORDANCE WITH THE APPLICABLE RULES; BUT IF APPLICABLE RULES OR LAWS REQUIRE US TO PAY A GREATER PORTION OR ALL OF SUCH FEES AND COSTS IN ORDER FOR THIS SECTION TO BE ENFORCEABLE, THEN WE WILL HAVE THE RIGHT TO ELECT TO PAY THE FEES AND COSTS AND PROCEED TO ARBITRATION. THE ARBITRATOR WILL APPLY AND BE BOUND BY THESE TERMS, AND WILL DETERMINE ANY DISPUTE ACCORDING TO APPLICABLE LAW AND FACTS BASED UPON THE RECORD AND NO OTHER BASIS, AND WILL ISSUE A REASONED AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. ISSUES RELATING TO THE ENFORCEABILITY OF THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN ARE FOR THE COURT TO DECIDE.
C. Limited Time to File Claims. To the fullest extent permitted by applicable law, if you want to assert a Dispute against us, then you must commence it by delivery of the written notice set forth above within one (1) year after the Dispute arises or it will be forever barred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
D. Payment Claims or Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action we take to seek (1) payment of fees due or (2) any injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website and/or our intellectual property rights, operations, and/or products or services and you agree that we may immediately file any such Dispute in a court of competent jurisdiction and seek injunctive or other equitable relief without posting of a bond, proof of damages, or other similar requirements.
E. No class Action Matters. You agree that you may bring claims against us in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There is no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as otherwise contemplated by these Terms. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Federal and State Courts in Sheridan Wyoming. Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted exclusively in the venue of the state or federal courts with jurisdiction in Sheridan, Wyoming. Accordingly, you consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes to recover the monetary jurisdictional limit (inclusive of fees, costs, and exemplary damages) of the small claims or equivalent court of competent jurisdiction.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wyoming, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Sheridan County, Wyoming with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by us in our sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid unless otherwise prohibited by these Terms. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.

Entire Agreement

By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use, together with the Privacy Policy constitute the entire agreement between us with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. These Terms of Use will inure to the benefit of our successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between us may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

30 N Gould St STE 4141 Sheridan, WY 82801