Terms & Conditions
Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by Text My Market. Your use of the Text My Market application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Text My Market application.
These terms and conditions of service represent the agreement ("Agreement") between you and Text My Market, Inc. ("Text My Market") with respect to the Text My Market application service (the "Text My Market Service" or "Service"). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
Text My Market may revise these terms and conditions at any time, with or without notice to you. You should visit www.TextMyMarket.com from time to time to review the then current terms and conditions for the Text My Market Service.
Text My Market provides mobile marketing solutions for well-known brands and enterprises. The Text My Market Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, message & data rates may apply. A complete description of the Text My Market Service is available at the Products link on Text My Market's website, located at www.TextMyMarket.com
The Text My Market Service may use data licensed to or provided to Text My Market by Text My Market's brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by Text My Market's brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
A list of carriers that are currently supported include but are not limited to: AT&T, Sprint, Boost, Nextel, Verizon Wireless, U.S. Cellular, Cellular One, C Spire Wireless, Virgin Mobile and T-Mobile.
This program applies for short code: 25328.
You can cancel your receipt of text promos at anytime by texting the word STOP to the 25328 shortcode.
For assistance, text HELP to the 25328 shortcode for information. For further information, please email to: info@TextMyMarket.com or call 866-247-4598
Text My Market's downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.
You agree to comply with the following when using the Text My Market Service:
You are responsible for any fees assessed by your wireless telephone carrier to access the Text My Market Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges. Msg&Data Rates May Apply.
Text My Market reserves the right to terminate your access to the Text My Market Service at any time for any or no reason and without notice to you.
You may terminate the Text My Market Service at any time by notifying Text My Market via (i) an email addressed to info@TextMyMarket.com, (ii) a letter addressed to Text My Market, Inc., 35 N. 500 W. Lehi, UT 84043, or (iii) a phone call to Text My Market Customer Support at 1-866-247-4598
Any such cancellation by you shall become effective when processed by Text My Market.
Upon any termination of your Text My Market Service, Text My Market shall have no liability to you or any further obligations under this Agreement.
To the fullest extent permissible pursuant to applicable law, in no event will Text My Market, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Text My Market Service or the Text My Market Software. You are responsible for the entire risk arising out of your use of the Text My Market Service and the Text My Market Software.
The Text My Market Service and the Text My Market Software are provided "as is" and without warranties of any kind either express or implied. Text My Market disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
To the extent permitted under applicable law, under no circumstances shall Text My Market or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Text My Market Service or the Text My Market Software, any defects in the Text My Market Service or the Text My Market Software, or any breach of this Agreement, even if Text My Market or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Text My Market and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Text My Market Service.
ARBITRATION AND GOVERNING LAW
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Text My Market Service, or the Text My Market Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration
Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Utah, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.
This Agreement constitutes the entire agreement between Text My Market and you with respect to the subject matter hereof.
Text My Market's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Text My Market. Notwithstanding the foregoing, Text My Market may assign this Agreement to any affiliate or successor company at any time without notice.
By using the Text My Market Service, you consent to receive from Text My Market all communications, including notices, agreements, legally required disclosures or other information in connection with the Text My Market Service (collectively, "Notices") electronically. Text My Market may provide such Notices by posting them on Text My Market's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Text My Market Service.
If you have any questions regarding the terms of this Agreement, please contact Text My Market via (i) an email addressed to support@TextMyMarket.com, (ii) a letter addressed to Text My Market, Inc., 35 N. 500 W. Lehi, UT 84043, or (iii) a phone call to Text My Market Customer Support at 1-866-247-4598
Text My Market respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. 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, or to protect our rights or property. When you complete forms online or otherwise provide us 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.
Initial plan selected
Service Contact Information
Text My Market, 35 North 500 West, Lehi, Ut 84045, Phone: 801-836-1123, Email: firstname.lastname@example.org , Fax: 801.812.8124