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State of Text Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY:

State of Text, Inc. USER AGREEMENT
EFFECTIVE APRIL 18, 2016. THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS (“AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH STATE OF TEXT, INC, (“State of Text”) OFFERS YOU A MONTHLY SUBSCRIPTION ( THE”SUBSCRIPTION”) FOR USE OF THE STATE OF TEXT SERVICE (THE “SERVICE”). BY COMPLETING THE REGISTRATION PROCESS OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Eligible Subscribers.

1. By accepting these terms, you confirm that you are 13 years of age or older, and have the consent of the subscriber of a
participating mobile communications carrier to sign-up and use the State of Text Service on behalf of the subscriber.

 

2. Service Description

Mobile campaigns that operate on the State of Text platform include but are not limited to text alerts, text voting/polling, mobile content distribution, and more. The mobile campaigns are delivered through a common short code, 84464.

3. Service/Help Info Opt-in/Opt-out Info

To opt-in to a particular mobile campaign, please text the “keyword” associated with the campaign to 84464. To opt-out of a particular mobile campaign, please text STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to 84464. If you are experiencing problems with opting out of a mobile campaign, please email us including your cellphone # to, support@stateoftext.com.

4. Frequency of Program Service

By opting in to a mobile campaign you are agreeing to receive messaging alerts on your mobile phone. Alerts may be sent daily, weekly, monthly, and at scheduled intervals dependant on the mobile campaign to which you have subscribed and your mobile carrier’s policy.

5. Fees and Payment Authorization..

Message and data rates may apply.

Your wireless service provider or pager company may charge you (i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager, (ii) airtime or other connection fees in connection with your downloading or information or messages from or uploading of information or messages to the Service, and/or (iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and for any other hardware, service or other costs you incur to use your Subscription, plus any applicable taxes.

6. Participating Carriers

State of Text Subscriptions are only available for customers of the below participating wireless carriers. AT&T Boost Sprint, MetroPCS® T Mobile®  US Cellular®  Verizon Wireless Virgin Mobile USA  and others. T-Mobile® is not liable for delayed or undelivered messages.

7. Content

State of Text users will receive SMS messages either on a periodic basis or on-demand (ie; on-demand commercials, coupons or new location direction, etc), including but not limited to using our services to inform directly from individuals including but not limited to jokes, words, facts, trivia, bible verses, proverbs, horoscopes, stock prices, and personal messages directly from individuals including but not limited to celebrities, musicians, etc. You agree that State of Text does not guarantee the accuracy or completeness of any content provided by this Subscription service. You agree that State of Text will have no liability to you with regard to any content provided. You also understand that all content provided is the proprietary material of State of Text and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U. S. copyright laws or comparable provisions of foreign laws. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. State of Text is not responsible to you for any content or materials or any other aspect of the Service that you might find objectionable.

Members who use our Services agree to accept our SMS messages as part of the service.

8. Changes to the Service or Terms.

You understand that State of Text may, in its discretion, from time to time change, add, or remove certain features of the Service, or change the terms of this Agreement by way of the Terms of Service page on the State of Text website, and that, if you
are dissatisfied with any such changes to the Service or this Agreement, you may cancel your Subscription at any time by texting STOP to our 5 digit short code. In addition, State of Text reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such amendments will be effective when posted to the Terms of Service web page.

9. Disclaimer of All Warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STATE OF TEXT AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO STATE OF TEXT OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. STATE OF TEXT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

10. Limitations of State of TextWeb Liability

State of Text AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR SUBSCRIPTION BY ANYONE ELSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING STATE OF TEXT’S LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

11. Release and Indemnification.

You release State of Text (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

8.1. You agree to defend, indemnify and hold harmless State of Text and our subsidiaries, affiliates, officers, directors, agents, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

12. Termination of Subscription.

You may terminate your Subscription, this Agreement, and your right to use the Service, at any time and for any reason
or no reason, by contacting State of Text customer service at support@stateoftext.com or by sending a text message with the text STOP to the shortcode that you subscribed to. Notifying State of Text in any other way of your desire to terminate your Subscription may result in delays in processing your request. State of Text may immediately suspend or terminate your Subscription, and terminate this Agreement, if you breach any provision in this Agreement. State of Text reserves the right to terminate your Subscription and this Agreement for any other reason. All sections will remain in effect notwithstanding the termination of your Subscription or this Agreement.

13. Miscellaneous

 If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. As used in this Agreement, “including” means “including but not limited to.” This document and the pages referred to herein represent the entire agreement governing your use of the Service and supersede any prior or contemporaneous written or oral statements by State of Text or its representatives or resellers.

14. Contacting Us

The Services hereunder are offered by State of Text
:

2130 E Floyd Ave Englewood Colorado 80113

. You can contact us via email or call us at: (770) 295 – 9301

For help or additional information on a specific mobile campaigns, please text HELP to 84464 or email us including your cellphone # to, support@stateoftext.com.