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By accessing, reading and making use of this web site service, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the information or service provided in or through this web site. text-ed and text-ed.com are trademarked by Hip Pocket Mobile, Inc. No portion of this service may be transmitted, reproduced, stored or translated into any other form, without the prior written permission of text-ed, unless specifically provided otherwise. Without restricting the generality of the foregoing, you may not make any commercial use of the content, or include the content in or with any product that you create or distribute, or copy such content onto your own or the web site of another. 
The service and the information provide herein is provided "AS IS", “AS AVAILABLE” without warranty, condition, representation or endorsement of any kind whatsoever. Without limiting the generality of the forgoing, text-ed makes no warranty as to the accuracy, quality or completeness of the information or listings, nor to title or non-infringement nor to the absence of any software virus or other harmful component. You assume total responsibility and risk for your use of this web site service and assume sole responsibility to evaluate the accuracy, completeness and usefulness of the information provided.
The use of hyper links, if any, is a free service offered to you by text-ed. text-ed neither controls nor monitors these hyper linked web sites. Accordingly, these hyper links and the hyper linked web sites are provided without warranty, condition, representation or endorsement of any kind whatsoever by text-ed.
In no circumstances shall text-ed, its directors, officers or employees, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of the Internet or your reliance or use of information or services provided in this web site service, whether on or through this web site, its hyper links or any hyper linked web sites.
Text-ed expressly disclaims all warranties of any kind, whether express or implied, including, but no limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
text-ed makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from text-ed or through or from the service shall create any warranty not expressly stated in the TOS.
text-ed does not make any representations or warranties:
Protecting your privacy and the confidentiality of your personal information has always been an important aspect of text-ed’s operations. text-ed's Privacy Code informs you of our commitment to, and policy on, privacy. It tells you the ways we ensure that your privacy and the confidentiality of your personal information are protected. In this Code, "we", "us" and "our" means text-ed and Hip Pocket Mobile Inc. Our Web sites may contain links to other Web sites that are provided and maintained exclusively by third parties. Web sites provided and maintained by third parties are not subject to this Privacy Code. Please review the privacy policies on those Web sites to determine their information handling practices. Whenever we collect information about you, we will explain how we intend to use it, either at that time or earlier. We will limit the information we collect to what we need for those purposes, and we will use it only for those purposes. We will obtain your consent if we wish to use your information for any other purpose. text-ed requires certain information to provide its service, such as credit card numbers, cell phone numbers and billing addresses. text-ed will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, text-ed collects the phone numbers of prospective buyers that access information via text message. The phone numbers collected by your leased codes will never be shared with other users of the system nor will they be distributed outside the system, unless required by law. text-ed will never market to these phone numbers under any circumstances whatsoever. We seek and confirm your consent to use your personal information at the time of collection or in advance. We will endeavour to employ clear, understandable language when we obtain your consent. The information we request from you is used for the purposes defined. We will seek your consent before using the information for purposes beyond the scope of your original consent. Under no circumstances do we sell customer lists or other personal information to third parties. You expressly understand and agree that text-ed shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if text-ed has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or message received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service. All decisions involving personal information should be based on accurate and timely information. While we will do our best to base our decisions on accurate information, we rely on individuals to disclose all material information and to inform us of any relevant changes. text-ed maintains personal information in a combination of paper and electronic files. Recent paper records concerning individuals' personal information are stored in files kept onsite at our Toronto head office. Older records containing individuals' personal information may be stored at an offsite storage facility. Access to personal information will be authorized only for text-ed’s employees, representatives and service providers who require access in the performance of their duties, to any person granted access by the individual through the consent process and to those otherwise authorized by law. When providing information to service providers acting on our behalf, we will require such organizations or individuals to abide by our Privacy Policy. We will give them only the information necessary to perform the services for which they are engaged, and will require that they not store, analyze or use that information for purposes other than to carry out those services. If you send us an e-mail message that includes personal information (such as your name included in the "address"), we will use that information to respond to your inquiry. Please remember that e-mail is not necessarily secure against interception. If your communication is very sensitive, or includes information such as your bank account or credit card number, you should not send it electronically unless the e-mail is encrypted or your browser indicates that the access to our Web site is secure. You agree to not use the service provided by text.ed to: upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; intentionally or unintentionally violate any applicable local, provincial, national or international law. You acknowledge that text-ed may or may not pre-screen content, but that text-ed and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, text-ed and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge, consent and agree that text-ed may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this website; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of text-ed, its users and the public. You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by text-ed and/or content providers who provide content to the service. You may not attempt to override or circumvent any of the usage rules embedded into the service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited. You agree to indemnify and hold text-ed, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the terms of this website, or your violation of any rights of another. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service. Text-ed reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that text-ed shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. You agree that text-ed may, under certain circumstances and without prior notice, immediately terminate your text-ed account and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of this website or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the services. Termination of your text-ed account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in text-ed's sole discretion and that text-ed shall not be liable to you or any third-party for any termination of your account or access to the service. You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by text-ed, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. You agree that, except as otherwise expressly provided in the terms of this website, there shall be no third party beneficiaries to this Agreement. text-ed may provide you with notices, including those regarding changes to the terms of this website by either email, regular mail, or postings on the service. Entire Agreement. The terms of this website constitutes the entire agreement between you and text-ed and governs your use of the service, superseding any prior agreements between you and text-ed with respect to the service. Choice of Law and Forum. The terms of this website and the relationship between you and text-ed shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. Waiver and Sever ability of Terms. The failure of text-ed to exercise or enforce any right or provision of the terms of this website shall not constitute a waiver of such right or provision. If any provision of the terms of this website is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of this website remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your text-ed account is non-transferable and any rights to your text-ed or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms of this website are for convenience only and have no legal or contractual effect. Click here to continue. By continuing, you accept the foregoing terms and conditions. |
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