Short Code Terms & Conditions

MOBILE TERMS AND CONDITIONS

PROGRAM: TextScoop Mobile Messaging
FREQUENCY: Max 20msg/month (varies per Merchant)
PRICING: Msg&Data rates may apply.
CONTACT: at 1-877-884-3948 or [email protected]

TERMS AND CONDITIONS / PRIVACY POLICY

MOBILE USER OPT-IN
You may opt-in to a specific program on a TextScoop sms Marketing short code service by texting that program's KEYWORD to the TextScoop shortcode.
MOBILE USER OPT-OUT
You may discontinue service, by replying "STOP" to any message you receive or by texting "STOP" to the short code from your mobile device. You will not receive any additional messages.

You may also opt-out from a specific vendor by visiting your preferences page that was sent when you first opt-ed in. You can control the frequency of alerts, time of day alerts will be received, terms that must appear in the alerts, and categories for alerts.
MOBILE USER FEES
TextScoop does not charge users fees to send or receive text messages.
Msg&Data rates may apply.

MOBILE HELP
To get help, email [email protected]

MOBILE USER PRIVACY
We will not share or use your mobile number for any other purpose and the participating merchant will not receive your phone number.

MOBILE CARRIERS SUPPORTED
Alltel, AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, US Cellular Corp., ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Dobson, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.

MOBILE WARRANTY
TextScoop will not be liable for any delays in the receipt of any SMS messages connected with our sms Gateway.

Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

MOBILE PRIVACY POLICY
TextScoop respects your privacy. We will only use information you provide to transmit your text message. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property, or to accurately report donations for an sms Giving program.

When you (MERCHANT) complete forms online or otherwise provide information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

We maintain and process your messages to provide the Service to you and to improve the Service. Our computers may process the information in your messages for various purposes, including formatting and displaying the information to you, preventing unsolicited bulk messages (spam), backing up messages, and other purposes relating to offering you the Service.

LIABILITY - REFUNDS

This agreement is effective until terminated by either party. You may terminate this Agreement at any time by contacting TextScoop Customer Support. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND TEXTSCOOP IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. Refunds will only be issued on any unused portion of SMS Credits. TextScoop may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. TextScoop shall have no liability to you or any third party because of such termination or action. TextScoop will delete any of your archived data within 60 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified as inactive for over 90 days, TextScoop has the right to permanently delete your subscriber data and deactive your account. TextScoop will use good faith efforts to contact you via email prior to taking any permanent removal actions.

INDEMNITY

You agree to indemnify, defend and hold harmless TextScoop and their respective officers, directors, owners, agents, information providers and licensors (collectively TextScoop) from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys' fees) incurred by any TextScoop Party in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of this Agreement by you. TextScoop reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with TextScoop in the defense of such claims.

DISCLAIMER

TextScoop MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE AS IS AND AS AVAILABLE. TextScoop DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. TextScoop DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TextScoop) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TextScoop DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site, or by TextScoop agents or employees, is at your sole risk. TextScoop reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at anytime. Neither TextScoop nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

TextScoop reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TextScoop.

YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on-or-through the Site or on the Internet generally.

Neither TextScoop nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use of TextScoop's Services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones, Bluetooth and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

JURISDICTION

This website is controlled and operated by TextScoop.com from its offices in Nevada City, CA, United States of America. TextScoop makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Agreement shall be governed by the laws of the State of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Nevada City, CA.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TextScoop OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS TextScoop) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE TextScoop PRODUCTS OR MATERIALS ON THIS SITE, EVEN IF TextScoop SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, TextScoop IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF TextScoop TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY TextScoop TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

- MISCELLANEOUS -

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

TextScoop and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. Communications made through TextScoop's messaging system shall in no way be deemed to constitute legal notice to TextScoop or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against TextScoop or any of its agencies, officers, employees, agents or representatives, where notice to TextScoop is required by contract, or any federal, state or local laws, rules or regulations.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind TextScoop in any respect whatsoever.

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

For questions or help with your text messaging needs, please contact TextScoop at 877-884-3948 or email [email protected]



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