Text Message Autoresponder

END USER LICENSE AGREEMENT

AND

WEBSITE TERMS AND CONDITIONS

This End User License Agreement (“EULA”) and general website Terms and Conditions (“T&Cs”) are legal agreements (together “Agreement”) between you and Firestarter Systems, LLC. for the Text Message Autoresponder online software and application (“Software”) which includes certain associated Services, as described below, and www.TextMessageAutoresponder.com (the “Site”). Please review the Agreement carefully before accessing the Site, before registering as a member, downloading the Software or subscribing to our Services, so that you are aware of your legal rights and obligations with respect to the Site or Firestarter Systems, LLC. and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "FS").

YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT. IN ANY CASE, YOU AFFIRM THAT YOU ARE 13 YEARS OF AGE OR OVER, AS THE SITE, SOFTWARE AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE, SOFTWARE OR THE SERVICES.

EULA NOTICES

IMPORTANT! PLEASE READ CAREFULLY. BY CLICKING THE ACCEPTANCE BUTTON OR OTHERWISE USING THE SOFTWARE OR SERVICES, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR SERVICES.

IMPORTANT! THIS SOFTWARE OPERATES IN CONJUNCTION WITH CERTAIN ASSOCIATED SERVICES (SEE BELOW). THE PURCHASE, LICENSE OR DOWNLOAD OF THE SOFTWARE FROM WWW.TEXTMESSAGEAUTORESPONDER.COM (THE “SITE”) OR ANY OTHER WEBSITE DOES NOT GRANT YOU ANY PERPETUAL RIGHT OR LICENSE TO THE ASSOCIATED SERVICES. CONTINUED AND ONGOING USAGE OF THE SOFTWARE AND SERVICES MAY REQUIRE A PERIOD SUBSCRIPTION FOR A FEE OF A LICENSE FOR THE ASSOCIATED SERVICES.

WEBSITE NOTICES

OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY POLICY AND ANY RULES AND REGULATIONS POSTED ON THE SITE, INCLUDING THESE T&CS.  WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE TO USERS. YOUR CONTINUED USE OF THE SITE OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

BY REGISTERING WITH THE SITE OR SUBSCRIBING TO OUR SERVICES, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.

USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

GENERAL NOTICES

THERE WILL BE RECURRING ANNUAL, SEMI-ANNUAL OR MONTHLY FEES ASSOCIATED WITH THE SERVICES PROVIDED ON THIS SITE OR THROUGH THE SOFTWARE.  ONCE YOU HAVE SIGNED UP FOR THE SERVICES, YOUR CREDIT CARD OR PAYPAL ACCOUNT (WHICHEVER YOU HAVE SUPPLIED TO US) WILL BE AUTOMATICALLY CHARGED THE ANNUAL, SEMI-ANNUAL OR MONTHLY FEE FOR THE SERVICES FOR WHICH YOU REGISTERED ON A RECURRING BASIS.

IN THE EVENT THAT YOU SIGNED UP, FIRST ACCESSED OR CREATED AN ACCOUNT ON THE SITE, SOFTWARE OR SERVICE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, LIMITED OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, WE WILL BEGIN TO BILL YOUR CREDIT CARD OR PAYPAL ACCOUNT ON A PERIODIC (MONTHLY, SEMI-ANNUAL OR ANNUAL) SCHEDULE FOR THE SERVICES, UNLESS YOU TERMINATE YOUR ACCOUNT PRIOR TO THE END OF THE TRIAL OR FREE PERIOD.  PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR ACCOUNT BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E-MAIL TO SUPPORT@TEXTMESSAGEAUTORESPONDER.COM.

ALL SALES OR SUBSCRIPTIONS TO OUR SOFTWARE OR ANY OF OUR SERVICES ARE FINAL, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ON THE WEBPAGES YOU VISITED AS PART OF THE REGISTRATION PROCESS. NO REFUNDS OR CREDITS SHALL BE ISSUED BY FS FOR ANY REASON.

  1. Software License: The Software and the associated Services, as described below, provide various tools that enable you, the user (“User”) to contact and send information to their user database through mobile text messaging services and other mobile communication systems. You will also be able to collect names, mobile phone numbers, email addresses, and other information on an opt-in basis and to import subscriber data. You may only import contact information if your users have given you consent to receive a specified type of messaging from you. You may NOT send any unsolicited messages except with our prior written approval. You agree to our Privacy Policy and anti-spam policies described in these Terms and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account. We reserve the right to suspend or terminate your account at any time, at our sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in these Terms or applicable law. Violation of applicable anti-spam laws and regulations may also result in third-party legal actions against you. We also reserve the right to terminate your access to the Platform and Services at any time and immediately if we believe that your conduct is harmful to our interests. We reserve the sole discretion and right to permanently delete any data stored in your account immediately after your account termination and any of your assigned Numbers or Keyword(s) (defined below) may be reassigned by us to other users. You assume full and complete responsibility for the usage of the Software to achieve your intended results, and for the use and results obtained from the Software.
  1. Subject to your compliance with the terms and conditions of this EULA, FS grants to you a non-exclusive, non-transferable, revocable right to use the Software (without any right to sublicense) on any computer and mobile device that you own or control. FS retains ownership of this Software and reserves all rights not otherwise expressly granted to you by this EULA. The terms of this EULA shall govern any upgrades provided by FS that either replace or supplement this Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. This Software is licensed, not sold to you, by FS. All worldwide Intellectual Property Rights that are embodied in or related to the Software are, and at all times shall remain, the sole and exclusive property of FS, whether or not specifically recognized or protected under local laws.  For purposes of this EULA, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.  You may not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by FS on or in the Software. 
  3. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense this Software.
  4. Except as explicitly permitted in this EULA, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of this Software, or any part thereof.
  5. FS retains ownership of this Software and reserves all rights not otherwise expressly granted to you by this EULA.
  6. Refund: Except as specifically provided herein or on the webpages you visited in the registration process, FS will not refund any Software fees paid by you for any reason whatsoever, in whole or in part.

 

  1. Services License: The term “Service” means the server-based functionality that interoperates with the Site and the Software. Subject to your compliance with the terms and conditions of this Agreement, FS grants to you a non-exclusive, non-transferable, revocable right to access and use the Services on any computer or mobile device that you own or control and on which you previously installed the Software in accordance with this Agreement. FS reserves the right to suspend or discontinue all or part of the Services at any time without prior notice.
  1. Access to the Services using the Site or the Software shall be available via periodic (e.g. monthly, semi-annual or annual) subscriptions for a fee as described on the Site, or via the prepayment for a specific amount of leads.
  2. THE PURCHASE, LICENSE OR DOWNLOAD OF THE SOFTWARE FROM THE SITE OR ANY OTHER WEBSITE DOES NOT GRANT YOU ANY PERPETUAL RIGHT OR LICENSE TO THE ASSOCIATED SERVICES.
  3. The subscription fees for the Services are explained to you on the Site and are subject to change from time to time at FS’s absolute and sole discretion. Please note that any subscriptions or fees that are disclosed to you in the registration process are deemed part of this Agreement. You agree to pay FS for all usage and/or subscription fees charged to your Account, as per this Agreement. All charges will appear on your credit card bill or your Paypal account.
  4. In the event that you first accessed or used our Site, Software or Services subject to or in accordance with any free, limited or other trial subscription period, please be aware that after that trial period expires, we will begin to bill your credit card account or Paypal account on a periodic (monthly, semi-annual or annual) schedule for the Site, Software or Services, unless you terminate your Account prior to the end of the trial or free period.  Please verify all terms associated with such promotion to verify your obligations. You can always cancel your Account by following instructions on the Site or by sending an e-mail to support@TextMessageAutoresponder.com.
  5. CONTINUED AND ON-GOING USAGE OF THE SERVICES WILL REQUIRE THE CONTINUOUS PERIODIC SUBSCRIPTION AND LICENSE TO THE ASSOCIATED SERVICES.
  6. Refund Policy: You may terminate your Service subscription at any time. Upon termination, you will no longer be invoiced for future Service fees, as applicable. The above not withstanding, except as specifically provided herein or on the webpages you visited in the registration process, FS will not refund any Software fees paid by you for any reason whatsoever, in whole or in part.

  1. The Site: The Site provides its Users with access to and means of licensing the Software and any associated Services. All activities and capabilities offered by or through the Site and any mobile device or application shall individually and collectively be referred to as “Web Services”.
  1. FS reserves the right to add, change, modify, suspend or discontinue any portion of the Site at any time. FS may also impose limits on certain features and/or restrict your access to parts of the Site or to the entire Site in FS’s sole and absolute discretion and without notice or liability to anyone.
  2. License to Use the Site. As a User, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever.  We also reserve any rights not explicitly granted in these T&Cs.
  3. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any materials viewed at, on or through the Site.
  4. Phone Numbers and Short Codes: If you create a mobile text/SMS/MMS campaign through the Software, you will be able to select a unique number (each a "Number"). The use of such Number in connection with the Services does not grant you ownership of such Number. We retain ownership of all Numbers made available in our Software and Services and reserve the right to change the Number associated with your account at any time. In such an event, we will provide you with an alternative Number. We reserve the right to reclaim Numbers at any time and for any reason including those Numbers that have minimal usage or have not been used within the past thirty (30) days. We may, in our sole discretion, institute a waiting period before reissuing Numbers that have been previously assigned. Additionally, we may deny you the ability to upload mobile numbers to a Number for any reason and in our sole discretion. We may determine, in our sole discretion, to limit the use of the Services, add data storage limitations, charge or change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that we shall have no liability stemming from such changes.

  1. Content. The term “Content” means all data, text, images, and any other information or materials uploaded or submitted by you or on your behalf in connection with your use of the Software or Services.
  1. Your Content. You may upload Content using the Site, Software and its Services to either third party websites or our Services. FS does not verify, endorse, or claim ownership of any Content, and you retain all right, title, and interest in and to the Content. The above not withstanding, you hereby agree and acknowledge that in accessing the Site, purchasing or licensing the Software, or subscribing to Services you grant FS a non-exclusive, perpetual, worldwide, non-revocable license to all Content. Further, you acknowledge and agree that any and all Content may be deleted from FS’s servers and the Services upon termination of your Account without notice to you. The above not withstanding, you acknowledge that the Services are automated (e.g., Content is uploaded and submitted using software tools) and that FS does not edit, verify or confirm any of the Content.
  2. Your Representations and Warranties Regarding Content. You represent and warrant that (i) you are the owner, licensor, or authorized user of all Content; and (ii) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (a) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (b) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or FS, or any rights of publicity or privacy of any party; (c) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (d) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (e) is harmful to minors; (f) or violates any law, statute, ordinance, or regulation.

  1. Account Registration: In order to use the Site, Software and the Services, you may be required to create an Account.  You may never use someone else’s Account. You may also never grant anyone else access to your Account. When creating an Account, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete.
  1. As part of the registration process, you may be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your username, password and any and all communications and other activities that are conducted through your Account, Software and Services.
  2. If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by e-mailing us at support@TextMessageAutoresponder.com.  

  1. Eligibility: All Users must be at least eighteen (18) years of age or older to enter into this Agreement. This Site, Software and its Services were designed for Users who are legal residents of the United States and its territories. Users from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site's Privacy Policy rather than under the law of User's home country. Usage of the Services is void where prohibited.

  1. Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from FS if you fail to comply with any term in this Agreement. Your termination of this Agreement will not affect charges submitted as part of a periodic subscription before FS could reasonably take action in response to your notice.

  1. Consents and Legal Compliance for Messaging. The following terms and information constitute an introduction to the concept of spam and the general contours of a responsible, permission-based text marketing campaign. In addition, our Anti-Spam Policy applies to your use of the Platform and is incorporated into these Terms by this reference. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of the Platform. This Section is not intended to nor shall it be deemed to constitute legal advice. You should consult a lawyer for legal advice on your texting practices. The information herein is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the Platform.

What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send text messages. For example, if a customer disclosed a mobile number to you in the course of business but did not give you specific permission to send marketing messages, you may not have permission to send text messages to that mobile number. Also, some federal and state laws restrict the hours and days when marketing calls can be made. Before using the Platform, you agree to review and abide by all federal, state, and local laws, including, but not limited to, the following laws, and to check for any revisions, as they may be amended over time.

Telephone Consumer Protection Act ("TCPA")

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003

Mobile Marketing Association ("MMA") U.S. Consumer Best Practices Guidelines for Messaging

CTIA - The Wireless Association - Best Practices and Guidelines for Location-Based Services

For further information, please visit websites, including:

o Federal Trade Commission, http://www.ftc.gov

o Federal Communications Commission, http://www.fcc.gov

o DoNotCall Registry Info, http://www.donotcall.gov

You represent and warrant that the owners of the phone numbers to which you transmit outbound text messages through the Software have consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA and other applicable laws and regulations. You acknowledge that you are solely responsible for all acts or omissions or violations of law that may occur in connection with your use of the Software.

The Software may allow you the ability, at our discretion, to upload previously opted in mobile numbers to the Software. You acknowledge and agree that you shall have sole responsibility for obtaining any consents for uploaded mobile numbers and for complying with any terms and/or conditions that may govern these previously opted in mobile numbers, even if you should use any mobile alert terms and conditions we make available through the Software.

You agree that you will not access or otherwise use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with the Software. Additionally, you agree not to send messages to your users beyond the frequency represented in any disclosures or terms.

You agree that you will import, add, edit, access and otherwise use in connection with the Software only contact information with proof, which you shall retain, of each user's consent to receive communications from you. We reserve the right, at our sole and absolute discretion, to suspend or deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization's legal identity.

You agree to represent truthfully your identity, the identity of your organization, your product or service, availability of goods or services, pricing, benefits, and any other offering aspects in your messaging.

You agree to comply with all local, state, and federal laws and regulations as well as general industry best practices governing your content or promotion type.

We maintain a no-tolerance policy toward spam. Although we do not assume the duty or obligation to monitor messages, we reserve the right, in our 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 they conform to the guidelines and policies pertaining to our Site and Services. All mobile marketing 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 ), which you agree to review before using the Software. For example, and without limitation, these guidelines may recommend "STOP"instructions. The Software provides mandatory STOP instructions on your first welcome message and pre-populates STOP instructions for subsequent messages. You are solely responsible for any claims or incidents that may result from your removal of these STOP instructions. If a user replies to a text message you send through the Software with messages other than STOP instructions, they will appear in your inbox. You are solely responsible for monitoring messages received in your inbox. You agree that any individuals requesting "Do-Not-Call" ("DNC ") status shall immediately be placed on your company DNC list and except as otherwise noted above, we shall have no other responsibility for notifying you of such opt-outs. You further agree that you will not initiate any subsequent messages to any individuals after they make a DNC or other opt-out or stop request.

You hereby acknowledge and confirm that you are solely responsible for the content of your messaging. You will ensure that any and all consents have been obtained, including, without limitation, consent for the delivery of commercial and marketing messages. You hereby acknowledge that Text Message Autoresponder merely provides a platform for facilitating the sending of your text messages, and that you shall have sole responsibility and liability for your messages and communications. You also agree to defend, indemnify and hold us harmless from and against any claims or damages which may result from your use of the Software and Services, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators (see Indemnity provision for a complete list of your indemnities to us). We reserve the right to hold, suspend or terminate your account or access to the Software and/or Services for any alleged violation of this section and/or any unusual or suspicious activity related to your account.

  1. Conduct Restrictions: As a User of the Site, Software or Services. you agree not to:

  1. impersonate any person or entity;
  2. engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Site;
  3. transmit any chain letters, spam or junk e-mail to other Users;
  4. express or imply, without our specific, prior, written consent that any statements you make are endorsed by FS;
  5. harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
  6. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Software or Services;
  7. access the Site, Software any Services through any technology or means other than as explicitly authorized by FS;
  8. remove any copyright, trademark or other proprietary rights notices contained on the Site, Software or Services;
  9. interfere with or disrupt the Site, Software or Services, or the servers and/or networks connected to the Site, Software or Services;
  10. post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site, Software or Services;
  12. "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
  13. use metatags, code or other devices containing any reference to FS or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so;


Further, Text Message Autoresponder prohibits any use of the Software in connection with any of the following types of content, products, and services:

  1. Pornography, sexual products, otherwise sexually explicit material, and escort services;
  2. Illegal drugs and drug contraband;
  3. Alcoholic beverages, especially any promotion of alcohol to persons under twenty-one (21) years of age;
  4. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  5. Instructions or materials for the assembly of bombs or other weapons;
  6. 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);
  7. Material that displays any person under eighteen (18) years of age in an illicit or otherwise exploitative manner;
  8. On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under eighteen (18) years of age;
  9. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including, but not limited to, online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making, sweepstakes, contests and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events);
  10. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including, but not limited to, "get rich quick," "build your wealth," and "financial independence" offerings;
  11. Any libelous, defamatory, scandalous, threatening, or harassing activity;
  12. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  13. Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence;
  14. Any product or service related to death (e.g., mortuaries and cemeteries);
  15. Any product or service that is unlawful where such product or service or promotion thereof is received;
  16. Images of authors, artists, photographers, or others without prior express written consent form the content owner; and
  17. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier.

You agree and warrant that your use of the Software and Services will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, SMS (text) marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and the Mobile Marketing Association (“MMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA and/or MMA, you will use your best efforts to comply with the DMA’s and MMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.

You agree and warrant that your use of any United States email will comply with all applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.

You agree and warrant that your use of any Canadian email will comply with all applicable Laws including, without limitation, CASL.

You acknowledge that certain names and phone numbers may appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.

We reserve the right to review your use of the Data to ensure compliance with this Agreement, but any failure of us to review such use will not constitute acceptance of such use or waive any of our rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, we may audit your records to determine whether you are in compliance with this Agreement, and you will make available to us or our representatives all records necessary for the conduct of such an audit.

FS reserves the right, but has no obligation, to reject any Account that does not comply, in FS’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your Account.  FS reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, FS assumes no responsibility for the conduct of other Users on the Site or using the Software and Services.

  1. Disclaimer of Warranty:
  1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK.
  2. THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  3. FS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE, SOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
  4. THE SITE, SOFTWARE AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
  5. FS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED.
  6. THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY MONEY, OR NOT LOSE MONEY, AS A RESULT OF USING OUR PRODUCTS AND SERVICES.
  7. ANY EARNINGS, REVENUE, OR INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. THERE ARE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY.
  8. THERE ARE UNKNOWN RISKS IN ANY BUSINESS, PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY.
  9. THE USE OF OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

  1. Limitation of Liability. FS SHALL NOT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, SOFTWARE OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  1. THE ABOVE NOT WITHSTANDING, FS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).

  1. Export Control. You may not use or otherwise export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained.

  1. Government Rights.  Any Software or Services furnished to the United States or any state or local government are provided on these commercial terms and conditions.

  1. Privacy: Your privacy is very important to us.  To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on the Site’s home page.

  1. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, Software, Services or any data, content or information provided by Users or (ii) arising from your breach of this Agreement.

  1. Third-party Websites:  The Site, Software and Services may contain links to or otherwise access other websites and services not owned or controlled by FS.  FS has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site.  By using the Site, Software or Services you expressly relieve FS from any and all liability arising from your use of any third party website or service.  Furthermore, FS does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or services, or for any damages and/or losses arising there from. Accordingly, you are encouraged to read the terms and conditions and privacy policies of such other websites and their services.  You will bound by the terms and conditions, policy policies, and rules and regulations of any third party website you access through the Site, Software or Services.

  1. Controlling Law and Severability. This EULA shall be treated as though it were executed and performed in Dane County, Wisconsin and shall be governed in all respects by the laws of the State of Wisconsin without regard to conflict of law provisions. You agree that any Claim or dispute you may have against FS must be resolved by a court located in Dane County, Wisconsin, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dane County, Wisconsin for the purpose of litigating all such Claims or disputes.

  1. Miscellaneous: Should any part of this EULA be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Software or Services is in conflict or inconsistent with this EULA, this EULA shall take precedence. Our failure to enforce any provision of this EULA shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this EULA.

  1. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
  2. Complete Agreement. This EULA constitutes the entire agreement between you and FS relating to the Software and Services, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by FS.

  1. Contact Us:

Firestarter Systems, LLC.

3591 Richie Rd.

Verona, WI 53593

support@TextMessageAutoresponder.com 

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