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Text Message Service – Terms of Service and End User Agreement
Introduction
The following terms and conditions of use (the "Terms and Conditions") set forth the standards for your use of the Sooeet.com online Free Text Message Service, also known as Free Short Message Service, Free SMS, and SMS (the "Service", or "Site" or "Us" or "We" or "Our"). BY USING THE SERVICE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS. If you do not accept and agree to the Terms and Conditions, do not access or otherwise use the Service. We reserve the right to change the Terms and Conditions, at any time without prior notice. Any such changes will be posted on this page of the Service. Your use of the Service following any change to the Terms and Conditions constitutes your acknowledgement and acceptance of the Terms and Conditions as modified.1. Description of Service:
The Service provides consumer content that includes products and services, for informational purposes only. Our products and services include computer programs, information, and data, made available to users via the Internet. We encourage you to review our Privacy Policy, which is incorporated herein by reference. The Service allows you to send text messages from Our website, to mobile telephone numbers of your choice. We do not assess fees or charges for this service. However, the parties that receive the text messages that you send to them through the Service, may be assessed fees and/or charges by their mobile telephone carriers and/or by other parties, in the process of receiving your text messages. Additionally, the recipients of your text messages may be assessed fees and/or charges by their mobile telephone carriers and/or other parties, if your recipients reply to your text messages using their mobile telephones. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSESS FEES OR CHARGES FOR THE SERVICE. BY USING THE SERVICE YOU AGREE TO INDEMNIFY AND DEFEND US AGAINST ANY AND ALL CLAIMS ARISING FROM ANY FEES AND/OR CHARGES ASSESSED BY ANY THIRD PARTIES, AGAINST YOU, YOUR RECIPIENTS, AND/OR ANY OTHER PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT TEXT MESSAGES YOU SEND THROUGH THE SERVICE, AND REPLIES THEREOF, ARE NOT GUARANTEED TO BE DELIVERED TO THEIR INTENDED RECIPIENTS IN A TIMELY MANNER, AND THAT SAID TEXT MESSAGES, AND REPLIES THEREOF, ARE NOT GUARANTEED TO BE DELIVERED AT ALL TO THEIR INTENDED RECIPIENTS. BY USING THE SERVICE YOU AGREE TO RELEASE, INDEMNIFY, AND DEFEND US AGAINST ANY AND ALL CLAIMS, WHETHER BROUGHT BY YOU AND/OR BY ANY OTHER PARTIES, ARISING FROM FAILURES AND/OR DELAYS IN DELIVERY OF TEXT MESSAGES THAT YOU SEND TO ANY RECIPIENTS THROUGH THE SERVICE, AND/OR REPLIES THEREOF. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOUR ARE EXPRESSELY PROHIBITED FROM EMPLOYING THE SERVICE TO ABUSE, ANNOY, HARASS, INTIMIDATE, THREATEN, OR CAUSE DAMAGES OF ANY KIND TO, ANY PARTY, OR ENGAGE IN CRIMINAL ACTS OF ANY KIND, AND THAT VIOLATORS OF THIS RULE SHALL BE IMMEDIATELY BANNED FROM THE SERVICE WITHOUT RECOURSE. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT WE LOG AND RETAIN INDEFINITELY ALL TEXT MESSAGES SENT THROUGH THE SERVICE, AND THAT WE LOG AND RETAIN INFORMATION THAT MAY IDENTIFY YOU PERSONALLY, INCLUDING YOUR MOBILE TELEPHONE NUMBER, YOUR EMAIL ADDRESS, YOUR IP ADDRESS, YOUR INTERNET SERVICE PROVIDER, THE MOBILE TELEPHONE NUMBERS TO WHICH YOU SEND TEXT MESSAGES, YOUR TEXT MESSAGES, AND OTHER PERTINENT INFORMATION. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND WITH REASONABLE CAUSE, REVIEW AND EXAMINE ALL LOGGED INFORMATION PERTAINING TO YOUR USE OF THE SERVICE, AND IN THE EVENT OF ABUSE THEREOF, WE MAY PROVIDE ANY AND ALL PERTINENT INFORMATION TO LAW ENFORCEMENT, TO ASSIST IN THE PROSECUTION OF THE ABUSE. YOU FURTHER AGREE TO RELEASE, INDEMNIFY, AND DEFEND US AGAINST ANY AND ALL ACTIONS FOR ALLEGED DAMAGES ARISING FROM RIGHT TO PRIVACY, DEFAMATION, LIBEL AND/OR ANY OTHER ALLEGED CAUSES OF ACTION AND/OR CLAIMS IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER THOSE ACTIONS ARE BROUGHT BY YOU OR BY ANY OTHER PARTY.2. Your Use of the Service:
You warrant and agree that while using the Service, you will not do any of the following: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) submit false or misleading information; (c) exploit the Service for any commercial purpose; (d) engage in spamming or other similar activity; (e) restrict or inhibit others from using the Service; (f) engage in any conduct that would constitute a criminal offense or give rise to civil liability; (g) upload a virus or other harmful component; (h) attempt to gain unauthorized access to the Service or to other systems through the Service; (i) take any other actions that would damage, overburden, interfere with, or otherwise harm the Service or the use of the Service by any other party. You acknowledge and agree that you are solely responsible for the accuracy of the User Information you submit. We may delete or destroy User Information at anytime and We reserve the right to refuse to post or to remove any User Information, in whole or in part, that We, in our sole discretion, believe to be inappropriate.3. Disclaimer:
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, We make no representations or warranties of any kind, express or implied, regarding the Service or its use. We disclaim all warranties regarding the accuracy or reliability of the results, data, and information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, DATA, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ATTEMPT TO PROVIDE ACCURATE INFORMATION IN ALL OUR PRODUCTS AND SERVICES; HOWEVER, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY RESULTS, DATA, OR INFORMATION. AVAILABILITY OF PRODUCTS AND SERVICES MAY VARY BY LOCATION AND MAY NOT BE AVAILABLE TO YOU. WE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY THIRD PARTY MENTIONED ON THIS WEBSITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH PARTY.4. Limitation of Liability:
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.5. Indemnification:
You agree to indemnify and hold harmless the Service (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and costs, due to or arising in any way from the use or misuse by you of the Service, your violation of these Terms and Conditions, your violation of any law, or infringement by you of any right of any person or entity.6. Proprietary Rights:
We retain all rights, title and interest in and to the Service, including all content, software, programs, data, materials, look and feel, design, images, and We retain all intellectual property and proprietary rights therein. Third party marks are the property of their respective owners. Your use of the Service does not grant to you ownership or any other rights to the Service, and any commercial use or exploitation of the Service by you is expressly prohibited. You may not exploit, copy, reverse engineer, create derivative works, distribute, or reproduce any portion of the Service, unless you have received written authorization from Us.7. Third Party Information and Trademarks:
All content provided on the Site about third parties (including other companies, products, or services) is provided for informational purposes only. Such content is not an endorsement of or a recommendation for any third party. Such content does not imply, directly or indirectly, any sponsorship or affiliation with such third parties, and no guarantees regarding the aforementioned third parties are made herein. All third party trademarks are the property of their respective owners.8. Links to Third Parties:
The Service may include links to other sites on the Internet. The links do not constitute an endorsement by or an association with the Service. We are not responsible for the availability, content, or privacy practices of the sites to which we link. We encourage you to review the privacy policies and terms of use of those sites.9. Governing Applicable Law:
These Terms and Conditions are governed by the laws of the State of California. You agree to the personal and exclusive jurisdiction of the courts in the State of California in the county of Los Angeles. We do not represent that the Service is appropriate, legal, or available for use in other locations. You assume responsibility for knowledge of all laws applicable to you, and you may not use the Service in violation of any applicable law, regulation or requirement.10. Assignment:
We retain the right to assign these Terms and Conditions, and all other agreements referenced herein, to any third party at our sole discretion.11. Other:
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions shall remain in full force and effect. Further, you agree that for any provision that may be found to be invalid or unenforceable, you shall ask the court to endeavor to give effect to the intent of the provision. These Terms and Conditions constitute the full understanding between you and Us. You agree that any claim by you arising from or related to the Service must be filed within twelve (12) months of your use of the Service, regardless of any statute or law to the contrary. If you have questions regarding these terms and conditions, please contact us by submitting our contact form.Converters and Calculators
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