Terms and Conditions
Stop N Text, LLC (“Stop N Text”) provides this web site ("Web Site") and the Stop N Text subscription-based mobile marketing service to you. This Agreement is made between you and STOP N TEXT, the provider of the services at this Web Site. The Web Site, Stop N Text service, and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following terms and conditions, which may be updated from time to time.
YOUR ACCESS TO AND USE OF THIS WEB SITE AND THE SERVICES AND CONTENT PROVIDED ON THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE SERVICES, OR ANY INFORMATION OR CONTENT CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
FREE TRIAL ACCOUNTS
Free trial accounts are fully featured accounts that have been limited to a maximum of 30 days for any distinct mobile marketing account. A free trial account may be used as often as desired within the trial period. Trial accounts may be closed or converted to a paid account any time within the trial period. If the trial account is not converted or closed by its owner, it is automatically closed upon the end of the trial period. A valid debit or credit card must be provided to convert a trial account to a paid account. Upon converting the account, the monthly subscription fee commensurate with the service plan selected is charged to the debit or credit charge. The conversion date becomes the account’s anniversary date, upon which the account is billed monthly.
MONTHLY SUBSCRIPTION FEE
Monthly subscription fees are charged to the Customer’s credit or debit card on file on the account’s monthly anniversary date. The account’s anniversary date is established the day the account is created, the day it is converted from a trial account, or the day it is upgraded from a lower priced service plan to a higher one. Customer agrees to keep a valid credit or debit card, with sufficient funds, on account with STOP N TEXT in order to avoid a service disruption. Customer hereby understands and agrees that Stop N Text service will be terminated if Customer does not have a valid credit or debit card registered with Customer's account on the Web Site on the monthly anniversary.
USE OF THE SERVICES
In consideration of your use of the Content and Services, you agree to provide true, accurate and current information about yourself as prompted by the registration and online account management tools on this Web Site. By registering on this Web Site, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if STOP N TEXT has reasonable grounds to suspect that such information is untrue, inaccurate or not current, STOP N TEXT, at its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that STOP N TEXT will not be liable to you or any third party if STOP N TEXT suspends or terminates your access to the Content or Services for any reason.
OPTIONAL FEATURES WITH ADDITIONAL CHARGES
Should you, or any of your phone conference invitees, utilize the (optional) toll-free access number provided, you agree to pay 10¢ per minute per line. Use of the Stop N Text On-demand Recording feature is $1.99 per minute, however, there is no charge for a recording of less than 3 minutes in length.
These charges, if any, will appear as a separate charge on your credit or debit card bill and you will receive a separate invoice from STOP N TEXT, sent via email, with summary and detailed usage information.
ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND STOP N TEXT, AND ITS PARENTS, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
DISCLAIMERS
STOP N TEXT is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your monthly service fee is billed.
We recommend using a credit card rather than a debit card. Canceling too close to end of trial or renewal date may cause a processing delay and a charge to your account. If you are eligible for a refund, refunds can take 7-10 business days to be processed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT, TOOLS, CALCULATORS AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. STOP N TEXT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. STOP N TEXT AND ITS SUPPLIERS MAKE NO WARRANTY THAT (I) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL BE RELIABLE; AND (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT STOP N TEXT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEB SITE, SERVICES, SUBSCRIBER BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE, EVEN IF STOP N TEXT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON STOP N TEXT, THEN YOU AGREE THAT STOP N TEXT’S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM STOP N TEXT’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO STOP N TEXT UNDER THIS AGREEMENT.
INTELLECTUAL PROPERTY
You acknowledge and agree that (a) all Content is the copyrighted work of STOP N TEXT or its third party content or technology suppliers and is protected by copyright laws, (b) STOP N TEXT’s name, the domain Stop N Text.com, the STOP N TEXT and Stop N Text logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of STOP N TEXT (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners. You further acknowledge and agree that all software used in connection with this Web Site ("Software") is the property of STOP N TEXT or its suppliers and is protected by U.S. patent and copyright laws. In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content, Marks or Software from this Web Site for any purpose without the appropriate prior written authorization.
GENERAL PROVISIONS
Governing Law
This Agreement is governed by the laws of New Jersey without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. You hereby consent to the exclusive jurisdiction of the courts of the State of New Jersey.
Entire Agreement
This Agreement, the Privacy Policy, and other policies STOP N TEXT may post constitute the entire Agreement between STOP N TEXT and you in connection with your use of this Web Site, the Services, and the Content, and supersede any prior versions of the terms and conditions, if applicable. STOP N TEXT may update these terms and conditions from time to time by posting revised terms and conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by STOP N TEXT. In the event of termination, the Intellectual Property, Disclaimers, Limitations of Liabilities, and Governing Law provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Web Site, these terms and conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
