Effective Date: This Terms of Use Agreement was last updated on October 12th, 2017.
This Terms of Use Agreement sets forth the standards of use of the MobileSphere LLC. By using the SlyText.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the slyText.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
MobileSphere does not sell or market contact information about our customers. In other words, we will not sell or market to any third-party your name, phone number, email address or contact information. MobileSphere also does not use internally, nor does it sell or market, our customers’ phone numbers. We will not use, sell or market to any third-party the telephone numbers in your lists or numbers you have sent messages to. MobileSphere may contact you when you initially use our service, and may periodically contact you as a courtesy to ensure your experience is as good as it can be and to provide you with service updates. We will provide an opt-out method if you choose to stop receiving updates.
2. Disclaimer of Warranties
The site is provided by MobileSphere on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, MobileSphere makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MobileSphere shall have no liability for any interruptions in the use of this Website. MobileSphere disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MobileSphere shall not be liable for any damages whatsoever, and in particular MobileSphere shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MobileSphere has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation of exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
4. Modifications to Service
MobileSphere reserves the right to modify the Service with or without notice to the Customer. MobileSphere shall not be liable to Customer or any third party should MobileSphere exercise its right to modify the Service. Customer acknowledges and accepts that MobileSphere does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties' sites.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MobileSphere makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
MobileSphere makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts of Massachusetts
Our website is operated and provided in the State of Massachusetts. As such, we are subject to the laws of the State Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Massachusetts.
8. Compliance with Laws
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
SlyText is proprietary marks of MobileSphere. MobileSphere's trademarks may not be used in connection with any product or service that is not provided by MobileSphere, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MobileSphere.
All other trademarks displayed on this website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MobileSphere.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MobileSphere designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
MobileSphere, LLC
1 Faneuil Hall Marketplace
4th Floor
Boston, MA 02109
11. Botnets
MobileSphere retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MobileSphere reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Renewal and Cancellation Policy
**For Monthly Delivery Plan customers only. Your Monthly subscription will automatically renew 30 days after the initial date of purchase. You are committed to a minimum of three (3) months for your Monthly subscription. After this time, you may cancel your Monthly subscription before it renews to avoid billing of subscription fees for the renewal term.
13. Refund Policy
If you aren't happy with the slybroadcast service, we will refund your first purchase, up to $100. This applies to new slybroadcast accounts only. All refund requests must be in writing and sent to support@slytext.com and filed within 30 days of signing up.
14. Contact Us
If you have any questions regarding this statement, our practices, or the slyText online texting service, please contact us at (617) 399-9980 or email us at support@slytext.com.
