Terms of Use

Thanks for using SellbyTextMessage.

Please read these Terms carefully. By using SellbyTextMessage or signing up for an account, you’re agreeing to these Terms. Please note: this is a legal agreement. These Terms of Use and associated terms, conditions, and policies of this website (“Terms”) explain the terms and conditions under which you’re allowed to use SellbyTextMessage, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to email us at info@sellbytextmessage.com. Your continued use of the Service constitutes your acceptance of the new Terms of Use. This Agreement applies to all visitors, users, and others who access the Service .

1. General information

  1. SellbyTextMessage (“SellbyTextMessage” or the “Service”) is a text message service offered through www.sellbytextmessage.com or www.sellbysms.com (“Website”) . The service allows you to create, send, and manage text message, email, and push notification campaigns to individual recipients. You can also receive and respond to text messages from your customers on you SellbyTextMessage dashboard or on you cell phone.  We also provide push notification services to you customers or recipient list.
  2. SellbyTextMessage is a Tennessee limited liability corporation (“SellbyTextMessage,” “we,” or “us”).
  3. SellbyTextMessage has  employees, independent contractors, and representatives (“our Team”).
  4. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a member according to this agreement (“Member” or “you”).                

2. Account

  1. Eligibility -In order to use SellbyTextMessage, you must be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to these Terms and any other terms, conditions, and policies published on this site; and provide true, complete, and up to date contact information. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at . By using SellbyTextMessage, you represent and warrant that you meet all the requirements provided in these Terms, and that you won’t use SellbyTextMessage in a manner that violates any laws or regulations. SellbyTextMessage may refuse service, close accounts of any users, and change eligibility requirements at any time by amending these Terms. If you sign up for SellbyTextMessage on behalf of a company or other entity, you must have the authority to accept these Terms on their behalf.
  2. Term - The term begins when you sign up for SellbyTextMessage and continues as long as you have an active account. These terms are signed and agreed to by registering for an account.
  3. Closing Your Account - You or SellbyTextMessage may terminate this Agreement at any time and for any reason, or no reason at all, by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we may refund a prorated portion of your monthly prepayment or reimburse you for unused message credits. If there’s cause for termination, like a violation of these Terms or any other terms, conditions, or policies we have set forth, we won’t refund or reimburse you. Once terminated, we may permanently delete your account and all the data associated with it, including text messages, emails, or push notifications you have sent through our Service. Your account may also be deleted or disabled if it has not been used in 12 months.
  4. Account and Passwords – You are responsible for keeping your account name and password safe. You are solely responsible for any information on any account that you have access to, whether or not you authorized the use. You must immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or unauthorized use of passwords. For security reasons, your password will be encrypted and cannot be seen or accessed by anyone on our team. If you lose your password, the only option that you have is to reset it.
  5. Account Disputes – Any dispute as to the ownership of your account must be resolved internally. We can only use the information which has been disclosed to us through registration and contact information updates to determine to whom a given account belongs.

3. Changes - We may change or amend these Terms by posting revised Terms of Use on our Website and/or by sending an email, provided that no notice shall be required or given for non-substantive changes to the Agreement. Your continued use of the Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Service.

 

4. Communications - By providing SellbyTextMessage your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

PAYMENT

5. Monthly Plans

Our charges for monthly plans are posted on our Website and may be changed from time to time. You will be notified by email or by logging in to your account if the price of the plan in which you are enrolled will change. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit, you’ll have to pay for the additional text messages, emails, or push notifications sent either on a per message basis. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. Any unused messaging credits that you have will rollover. Rollover credits expire at the end of the month one (1) year from the month in which they were originally purchased.

6. Per Message Plan

You may buy text message, email, or push notification credits to use our Services instead of committing to a monthly plan. This is explained in more detail on our Website. If you choose a per message plan, you’ll still be considered a Member, and all the terms of this Agreement will still apply to you. Text message, email, or push notification credits for per message accounts roll over and don’t expire, but if your account is inactive for more than 12 months, it may be deleted.

7. Payments

Credit Card payments will be processed through Stripe, according to its terms of service. As long as you’re a Member or have an outstanding balance with us, you must provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any expired credit card with up to date information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card. If we’re unable to process your credit card payment, we’ll attempt to contact you by email and suspend your account until a  payment can be processed for your account. You are also responsible for paying any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions, including taxes not collected by SellbyTextMessage.

8. Refunds

We’ll give you a refund for a prepaid month if we stop providing you Services for a reason not provided for in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may refund a Member’s monthly fee if a request is made based on the requirements posted on the Website.

9. Charges for Add-Ons

Some features are offered as add-ons to your SellbyTextMessage account. If you add on a feature that has a charge, then you will be billed that additional amount with each billing cycle for as long as the add-on service is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (“Additional Terms”). If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your use of the add-on service or your entire account, at our sole discretion.

10. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

11. Proprietary Rights Owned by Us

You will respect our proprietary rights, include patents, trademarks, service marks, trade secrets, and copyrights, in the Website and the software used to provide SellbyTextMessage.

12. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your text messages, emails, and push notifications. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

13. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

14. Right to Review Text Message or Email Campaigns

We may view, copy, and internally distribute content from your emails, text messages, push notificaionts and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

15. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “spam,” we mean unsolicited bulk electronic mailings or as otherwise defined on the Spamhaus website.
  2. You won’t use purchased, rented, or third-party lists of phone numbers or email addresses.
  3. You won’t violate any other policies as posted on our site.

SellbyTextMessage does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send a text message, email, or push notification campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
  • A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
  • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

Further, you agree that you are not to engage in any of the following prohibited activities in connection with the Service: (1) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (2) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the SellbyTextMessage servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, SellbyTextMessage grants the operators of public search engines revocable permission to use spiders to copy materials from SellbyTextMessage for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through the Service; (7) collecting or harvesting any personally identifiable information, including account names, from the Service; (8) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (9) interfering with the proper working of the Service; (10) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (11) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (12) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service; (13) using the service in any way that violates any law, statute, ordinance or regulation; (14) any sale of narcotics, steroids, certain controlled substances, drug paraphernalia, sexually-oriented materials or services, ammunition, firearms or certain parts of accessories, certain weapons or knives regulated under applicable law, or other products that present a risk to consumer safety; (15) activity that encourages, promotes, facilitates or instructs others to engage in violence, racial intolerance, the financial exploitation of a crime or other illegal activity; (16) misrepresenting your identity or affiliation with any person or entity; (17) supporting pyramid schemes, matrix programs, other schemes or certain multi-level marketing; (18) activity associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (19) activity associated with the sale of traveler’s checks, money orders, currency exchanges or check cashing; (20) activity involving illegal gambling, gaming and/or any other activity with an entry fee and prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes unless the operator has obtained prior approval from SellbyTextMessage and the operator and customers are located exclusively in jurisdictions where activities are permitted by law; (21) interferes with any other party’s ability to use SellbyTextMessage’s services; or (22) modifies, translates, adapts, edits, copies, decompiles, disassembles or reverse engineers any software used or provided by SellbyTextMessage in connection with SellbyTextMessage’s services or websites.

If you violate any of these rules, then we may suspend or terminate your account.

16. Member Message Content

You agree not to send any text, email, or push notification messages that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any text or email messages that you send do not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your text or email message contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such messages and have the power to grant the license granted below. SellbyTextMessage reserves the right, but is not obligated, to reject and/or remove any messaging campaign that SellbyTextmessage believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

17. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a SellbyTextMessage user, please report it to our abuse team at abuse@sellbytextmessage.com. If you think anyone has posted material that violates any copyrights, please report it to abuse@sellbytextmessage.com

18. Bandwidth Abuse/Throttling

You may only use our bandwidth for your SellbyTextMessage text messages, emails, or push notifications. We provide image and data hosting only for your text message, email, and push notification campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

19. Compliance with Laws

You represent and warrant that your use of SellbyTextMessage will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission ActFair Credit Reporting ActEqual Credit Opportunity Act, or other laws that apply to commerce.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Text Message distribution list, sending text messages via SellbyTextMessage, and collecting information as a result of sending text messages, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of SellbyTextMessage.
  2. Will get express consent to transfer data to SellbyTextMessage and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
  3. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through SellbyTextMessage.
  4. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow SellbyTextMessage to receive and process data and send communications to that individual on your behalf.
  5. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

20. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

LIABILITY

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLBYTEXTMESSAGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL SELLBYTEXTMESSAGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLBYTEXTMESSAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SELLBYTEXTMESSAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. SellbyTextMessage makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

22. No Warranties

THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SELLBYTEXTMESSAGE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

SELLBYTEXTMESSAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SELLBYTEXTMESSAGE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SELLBYTEXTMESSAGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

23. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

24. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

25. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

26. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

27. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

GENERAL

28. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

29. Choice of Law

The State of Tennessee’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Davidson County, Tennessee, and each party will be subject to the jurisdiction of those courts.

30. Force Majeure

We are not liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

31. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

32. Severability

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

33. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

34. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SellbyTextMessage’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

35. Notifications

SellbyTextMessage may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SellbyTextMessage in our sole discretion. SellbyTextMessage reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement and our Privacy Policy. SellbyTextMessage is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

36. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: SellbyTextMessage, or any addresses as we may later post on the Website.

37. Entire Agreement

This Agreement, together with any amendments and any additional agreements you may enter into with SellbyTextMessage in connection with the Service, shall constitute the entire agreement between you and SellbyTextMessage concerning the Service.