You must be at least 13 years old to use the Service. Use is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

TFL grants you a limited, non-exclusive license to download, access, and use the Service for your own personal purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by TFL in writing, you may not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service. Nor will you take any measures to interfere with or damage the Service. Unless otherwise indicated, the Service — including logos, designs, texts, graphics, pictures, data, software, and other files — is the property of TFL, its licensors, or users, and is protected by law. All rights not expressly granted by TFL are reserved.

To use the Service, you must register an account with TFL. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities.

You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and agree to immediately notify TFL of any unauthorized use of your account, or any other breach of security. TFL is not liable for any loss or damage arising from: (a) your failure to protect your username or password, or (b) unauthorized use of your account. As between TFL and you, you are also solely responsible for all use and for all acts and omissions of anyone authorized by you to access the Service (“End Users”).

Your privacy rights are set forth in our Texting For Less Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you.
• How we use that information.
• What information, if any, you are agreeing to share with third parties when you use the Service.
• With whom we share that information.

You grant TFL and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from any content that you upload to or transmit through the Service (your “Content”). In addition, you waive any so-called “moral rights” in your content.

You further grant all users of the Service permission to view your Content for their personal purposes. If you make suggestions to TFL on improving or adding new features to the Service, TFL shall have the right to use your suggestions in any manner and for any purpose, without any compensation to you.

In using the Service, you must behave in a civil and respectful manner at all times. When using the Service, you will adhere to the requirements set forth in the Texting For Less Acceptable Use Policy (the “Acceptable Use Policy”). The Acceptable Use Policy is incorporated by reference into this Agreement.

TFL does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any user content posted on the Service. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, remove, or move user content posted on the Service. TFL has no obligation to retain or provide you with copies of your Content, nor does TFL guarantee any confidentiality with respect to your Content. TFL has the right (but not the obligation), at our sole discretion, to refuse to publish, remove, or block access to any user content, at any time and for any reason, with or without notice.

This Agreement begins on the date you first use the Service and continues until terminated in accordance with the provisions hereof.

TFL may suspend, disable, or delete your account (or any part thereof) if TFL determines, in its sole discretion, that: (a) you have violated any provision of this Agreement or the Acceptable Use Policy; (b) your conduct or content would tend to damage TFL's reputation or goodwill; or (c) providing the Services or any portion thereof is prohibited by law, or has become impractical or unfeasible for any legal or regulatory reason. If TFL deletes your account for any of the foregoing reasons, you may not re-register under a different name.

Upon termination of this Agreement, all licenses granted by TFL will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. TFL shall not be responsible for the loss of any such content.

TFL reserves the right to modify, suspend, or terminate the Service at any time. You are responsible for providing your own access to TFL. TFL has no obligation to screen or monitor any content on or available through the Service, and does not guarantee that any content available on the Service complies with this Agreement or is suitable for all users.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.

Limitation of Liability

You are solely responsible for the content that you publish or display (“post”) on the Service, or transmit to other users. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or racially offensive material, or any material that infringes or violates another party's rights (including intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to TFL or to any other user. If information provided to TFL, or another user, subsequently becomes inaccurate, misleading, or false, you will promptly notify us of such change.

Your use of the Service, including the content you post on the Service, must be in accordance with all applicable laws and regulations, including privacy and data protection laws and applicable rules established by the Federal Communications Commission.

To the extent you include in your public profile or elsewhere on any public area of the Service — or otherwise provide to any other user — any telephone numbers, street addresses, last names, URLs, email addresses, or other information from which you may be identified and/or located, you do so at your own risk. You acknowledge and agree that we shall have no liability or obligation with respect to any third-party use of the same.

For any and all Content that you submit, you represent and warrant that:

• You have the right to submit the content to the Service and grant the licenses set forth above.
• TFL will not need to obtain licenses from any third party or pay royalties to any third party.
• The Content does not infringe any third party's rights, including intellectual property rights and privacy rights.
• The Content complies with this Agreement and all applicable laws.
• You will adhere to the Acceptable Use Policy.

You will indemnify, defend, and hold harmless TFL and its affiliates, directors, officers, employees, and agents, from and against all third-party actions that: (a) arise from your use, or End User's use of, and activities on the Service; (b) assert a violation by you, or End User, of any term of this Agreement or the Acceptable Use Policy; or (c) assert that any content you, or End User, submitted to the Service violates any law or infringes any third-party right, including any intellectual property or privacy right.

Copyright Policy

TFL respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Service do not infringe any third-party copyright.

TFL will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, TFL may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any).
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Service, sufficient for TFL to locate the material.
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the information in your notice is accurate and, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via email: support@TextingForLess.com

DMCA Counter-Notification

If you believe that your material has been removed by mistake or misidentification, please provide TFL with a written counter-notification containing the following information:

• Your name, address, and telephone number.
• A description of the material that was removed and the location where it previously appeared.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside of the United States, any judicial district in which TFL may be found), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
• Your electronic or physical signature.

You may submit this information via email: support@TextingForLess.com

Warning

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. Under Section 512(f) of the Copyright Act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Other Complaints

You may send non-copyright complaints to Texting For Less, Complaints Department, 354 State Street, Hackensack, NJ 07601, United States or email support@TextingForLess.com.

Governing Law

This Agreement shall be governed by the laws of the State of New Jersey, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Payment

All invoices issued by Texting for Less are due upon receipt unless otherwise specified in a written agreement between Texting for Less and the client.

Disputes

Limitation on Time to File Claims

Export Controls

Our Services, including any software we may provide in connection with those Services, may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving our Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and — to the extent consistent with this Agreement — to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of the Services. These laws include restrictions on destinations, End Users, and end use.

Without limitation, you may not transfer any such software or other aspect of our Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce's List of Denied Persons, Entity, or Unverified List, and the Treasury Department's List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of our software and Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.

Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TFL in exercising any right hereunder will waive any further exercise of that right. TFL's rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third-Party Beneficiaries

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TFL's prior written consent. No third party shall have any rights hereunder.

Notices

You consent to receive all communications — including notices, agreements, disclosures, or other information — from TFL electronically. TFL may provide all such communications by email or by posting them on the Service. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at support@TextingForLess.com or the following address:

Nothing herein shall limit TFL's right to object to subpoenas, claims, or other demands.

Modification; Entire Agreement

The terms of this Agreement may be modified at any time, for any reason, and at our sole discretion. You should review this Agreement periodically to be aware of and understand any changes. A revised version of this Agreement will be effective as of the date it is posted. Notwithstanding the foregoing, in the event we make a material change to this Agreement, we will provide you with notice of such change by posting a notice on our website, after which your access and use of the Service shall be subject to the updated version of this Agreement.

This Agreement constitutes the entire understanding between TFL and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.