Please read these Terms and Conditions (hereafter, “Agreement", or “Terms and Conditions") carefully before using TextCaster service. This Agreement sets forth the legally binding terms and conditions for your use of said service.

By using the TextCaster service in any manner, you agree to be bound by these Terms and Conditions:

Intellectual Property

TextCaster service and its respective sites and its original content, features and functionality are owned by TextCaster and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Original content received by message groups is the property of TextCaster’s respective account owners.

Subscriber Databases & Lists

The contents of subscriber databases and lists, including names and phone numbers of subscribers, are the property of TextCaster’s respective account owners. TextCaster represents and warrants that it will neither provide nor sell subscriber information to any third party unless mandated to do so by a court of law.

Termination

TextCaster may terminate your access to the service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature shall survive such termination shall remain applicable, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links to Other Sites

TextCaster service may contain links to third-party sites that are not owned or controlled by TextCaster. TextCaster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. TextCaster strongly advises you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of Missouri.

Arbitration and Waiver of Jury Trial

Arbitration is a means for a neutral arbitrator to resolve legal matters between parties, rather than a Court. You agree to arbitrate any claim, demand, or dispute arising out of your use of TextCaster that cannot be resolved in a small claims tribunal. TextCaster does not agree to class arbitration. If arbitration should become necessary, it shall proceed solely on an individual basis, and not on a class action or representative basis. You understand that by agreeing to this arbitration provision, you are waiving your right to a jury trial.

Changes to This Agreement

TextCaster reserves the right, at its sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on our TextCaster website without explicit notice. Your continued use of the service after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the service or discontinue any use of the service immediately. If you have any questions about this Agreement, please contact us.