1.0 TERMS AND CONDITIONS
1.1 These terms and conditions (Agreement) set forth the general terms and conditions of your use of the txtreminders.com website (Website), TxtReminders mobile application (Mobile Application) and any of their related products and services (collectively, Services). This Agreement is legally binding between you (User, you or your) and TxtReminders Inc (TxtReminders Inc, we, us or our). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms User, you or your shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and TxtReminders Inc, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
2.0 ELIGIBILITY, ACCOUNTS, AND MEMBERSHIP
2.1 You must live in Canada or the United States to use the Services and must own and be able to verify ownership of a cellular device with a phone number based in Canada or the USA, which is able to receive SMS (text messages).
2.2 You must be at least 18 years of age to use the Services and able to enter into contracts in your State or Province. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
2.3 If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
2.4 We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
2.5 Providing false contact information of any kind may result in the termination of your account.
2.6 You must not be listed on any U.S. or Canadian Government list of prohibited or restricted persons.
2.7 You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
2.8 We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.
2.9 We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address, cellular phone number, or Internet protocol address to prevent further registration.
2.10 By using the Service, you represent and warrant that you meet all the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
3.0 USER CONTENT
3.1 We do not own any data, information, or material (collectively, Content) that you submit on the Services while using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
3.2 We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you.
3.3 You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you, including diagnosing SMS message deliverability issues.
3.4 Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
3.5 We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed.
3.6 You are responsible for maintaining your own backups of your data.
3.7 We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
3.8 You are the Sender of all SMS messages and phone calls that you schedule to be sent to the phone numbers linked to your Account. You are the Creator of all such message and call "content", even when supplied by Third-Parties as part of the On-Demand Content features.
3.9 You agree that legislation that makes reference to Senders of SMS Messages and Phone Calls will be interpreted as having been created, composed, scheduled, and sent directly by You, and not the Service itself, as it is only a platform to facilitate sending of personal reminders from yourself, to yourself.
4.0 BILLING AND PAYMENTS
4.1 You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
4.2 Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period).
4.3 If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
4.4 If, in our judgment, your purchase constitutes a high-risk transaction, we may refuse or refund the payment and take other steps to secure the Service including removal of your account.
4.5 We reserve the right to change products and product pricing at any time.
4.6 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
4.7 If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
5.0 YOUR CONSENT TO ELECTRONIC COMMUNICATION
5.2 When you access the Services, including when adding your phone number to your account, and when sending e-mails and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
5.3 You consent to receive communications from us electronically, such as e-mails, SMS or text messages, phone calls, push notifications, social media messages, notices, and messages on the Website or through the other services we may provide from time to time and you can retain copies of these communications for your records (Communications). You consent to receive messages from us, our agents, representatives, affiliates.
5.4 You certify, warrant, and represent that the email address and phone number that you have provided to us are yours and not someone else's. You represent that you are permitted to receive emails, sms messages, and phone calls via the email address and phone numbers you have provided to us.
5.5 You agree to alert us whenever you stop using a particular email address or phone number. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6.0 THIRD-PARTY SERVICES
6.1 If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
6.2 Third-party services includes On-Demand-Content in the Services, such as but not limited to weather forecasts or stock pricing.
6.3 You irrevocably waive any claim against TxtReminders Inc with respect to such other services. TxtReminders Inc is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
7.0 MESSAGE AND PHONE CALL THROTTLING AND LIMITS
7.1 TxtReminders may limit the volume of SMS sent to a single User in a specific time period. We may limit, for example, the maximum outbound SMS to one Message in a five second period, therefore there may be delays in receiving scheduled SMS Messages for the same time period. TxtReminders adheres to all imposed throttles and throughput limitations from the Mobile Carriers and employs its own throttles and limitations for security purposes, to balance server load, and to ensure the highest deliverability.ÿ TxtReminders Services are only for personal usage and commercial usage is not permitted.
7.2 For Monthly Subscription Plans (ex: the PRO Plan with Unlimited Active Reminders) are limited to a maximum of 730 SMS Messages (counting both Inbound AND Outbound) or Phone Calls (under 60 seconds in duration including the ringing time) per Calendar Month. If you exceed this limitation, we may temporarily "pause" some or all of your scheduled Reminders and Messages.
7.3 We may limit the maximum number of Active Reminders on FREE plans at any time, for any reason, to any amount we choose, without warning or consent from you.
8.0 BEST-EFFORT SERVICE LEVEL
8.1 TxtReminders operates on a Best-Effort Service Level model, which means we try to deliver your Messages on-time but that we do not guarantee it. Many factors exist that may interfere with timely delivery including Mobile Carrier spam-blocking of the Messages, server downtime, phone battery levels, network errors, connectivity loss, Third-Party Service downtime or software bugs, and many other unspecified and unforeseen issues. As an example, it entirely possible that some SMS Messages may arrive a full year late. This kind of thing is rare, but it has been reported to happen in news articles and the User should expect the possibility of this happening with the TxtReminders Service.
8.2 In addition to this, there are global throttles imposed by the Mobile Carriers which can affect how many total SMS that TxtReminders can send in a given time period. If this limitation is reached in any given minute, we may need to delay the sending of some Messages to the next minute, or the next after that, up to an unlimited number of delayed minutes. TxtReminders will endeavor to have infrastructure in place to allow scaling up to meet the needs of our Users, but we cannot guarantee that all Messages will arrive within any specific amount of time from when the User expects them to.
8.3 IF YOUR MESSAGES ARE CRITICAL, OR TIME SENSITIVE, THEN DO NOT USE TXTREMINDERS AS YOUR DELIVERY METHOD.
9.0 FAIR USE OF PERIODIC SUBSCRIPTION PLANS, FREE ACCOUNTS, AND ONE-TIME PURCHASE PLANS
9.1 We may offer periodic (monthly, yearly) auto-renewing subscriptions for purchase. We may advertise these as having "Unlimited Reminders" or "Unlimited Active Reminders". This definition applies to the total number of active reminders that you have scheduled within your account at any one time. It does NOT mean that you are able to send an unlimited number of SMS Messages or Phone Calls in a billing period. Throttling limitations for total SMS or Phone Calls in a given period of time are applicable as defined in this Agreement, for ALL paid accounts, ALL plans, ALL subscriptions, and ALL free accounts.
10.4 Your Message Content is normally encrypted while at rest in the Databases waiting to be sent, but this data is unencrypted before it is actually delivered to the Recipient, or displayed in the Web and App, including the Logs and the Export function. This means that while your Message Content is encrypted in the case of a massive database or systems breach, it is not encrypted ?end-to-end? and can still be intercepted by external agencies or individual with the knowledge of how to do so, at various stages in the process. The points where this risk is highest exist in the Mobile Carrier network, and within the network your device is locally connected to.
10.5 TxtReminders makes no express guarantee that our data encryption protocols will hide your Message Content from other entities.
11.0 DISPUTE RESOLUTION AND CHOICE OF FORUM
11.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Alberta, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11.2 If there is intention to seek Arbitration under this contract by either the User or TxtReminders, the Party pursuing Arbitration holds responsibility to first notify the other Party of the dispute in writing at least thirty (30) days in advance of commencing the Arbitration. Notice to TxtReminders should be sent as required by these Terms. The notice must describe the nature of the claim and the relief being sought. If User and TxtReminders are unable to resolve the dispute within thirty (30) days of notification, either Party may then proceed to file a claim for Arbitration.
11.3 Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding Arbitration in accordance with the then current Arbitration rules of the International Commercial Arbitration Act of Alberta, Canada. The Arbitration shall be governed by the laws of the Province of Alberta. Arbitrators will have the authority to allocate the costs of the Arbitration process among the parties. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any Arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witness. In such event, the other Party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying Party in the absence of evidence presented as provided for above. The arbitrator shall decide any disputes related to the validity or enforceability of this Arbitration provision.ÿEACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
12.0 ACCEPTABLE USE OF THE SERVICES
12.1 In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
13.0 LIMITED LICENSE TO YOU
13.1 As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access Our Applications for the sole purpose of using the Services. This license does not include any resale or commercial use of any of the Services, the Applications, or its contents; any derivative use of any of the Services or Applications or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
13.2 All rights not expressly granted to you in these Terms are reserved and retained by TxtReminders or its licensors, rights holders, or other third-party providers.
13.3 No aspect of our Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TxtReminders.
13.4 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TxtReminders without express written consent. You may not use any meta tags or any other "hidden text" utilizing TxtReminders? name or trademarks without the express written consent of TxtReminders.
14.0 MODIFICATIONS TO THE SERVICE
14.1 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.ÿ
14.2 We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
15.0 ACCURACY OF INFORMATION
15.1 Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers.
15.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order).
15.3 We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law.
15.4 No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
16.0 SERVICE INTERRUPTIONS
16.1 TxtReminders may need to interrupt your access to the Applications to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Applications may be affected by unanticipated or unscheduled downtime, for any reason, but that We shall have no liability for any damage or loss caused as a result of such downtime.
16.2 SMS Messaging is a "best-effort" platform and there are many factors outside of our control that can affect the deliverability and timeliness of the SMS Messages that we send you.
16.3 In the case of Third-Party information that we obtain from another source that we do not control (like Weather, Stock Pricing, Forex Pricing, Precious Metals Pricing, Public Health Information, etc.), the risk of the information being out-dated, inaccurate, or not representing exactly what you think it represents, is greatly increased.
16.4 You agree that you will not take any action or sustain any inaction as a result of the information you receive or don't receive from TxtReminders.
17.1 During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
18.0 INTELLECTUAL PROPERTY RIGHTS
18.1 Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
18.2 This Agreement does not transfer to you any intellectual property owned by TxtReminders Inc or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with TxtReminders Inc.
18.3 All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of TxtReminders Inc or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of TxtReminders Inc or third party trademarks.
19.0 DISCLAIMERS AND WARRANTIES
19.1 The contents on our Applications, Services and all information, materials (including software) and other services included on or otherwise made available to you through our Applications are provided by TxtReminders on an "as is" and "as available" basis, unless otherwise specified in writing. TxtReminders makes no representations or warranties of any kind, express or implied, as to the operation or accuracy of the Services, the Applications or the information, content, materials, products (including software) or other services included on or otherwise made available, unless otherwise specified in writing. You expressly agree that your use of the Services and Applications is at your sole risk.
19.2 To the full extent permissible by law, TxtReminders disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TxtReminders does not warrant that the Applications, Services, information, content, materials (including software) or other services included on or otherwise made available to you or electronic communications sent to you are free of viruses, other harmful components or error free.
19.3 To the full extent permissible by law, TxtReminders will not be liable for any damages of any kind arising from the use of the Services, the Applications or from any information, content, materials (including software) or other services included on or otherwise made available to you through the Applications including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. In no event shall TxtReminders, its representatives, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any procured using the services, or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility.
19.4 You acknowledge and agree that the warranty and disclaimers set forth above are essential elements of the basis of the bargain between TxtReminders and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.
20.0 LIMITATION OF LIABILITY
20.1 To the fullest extent permitted by applicable law, in no event will TxtReminders Inc, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
20.2 To the maximum extent permitted by applicable law, the aggregate liability of TxtReminders Inc and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to TxtReminders Inc for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
21.0 FORCE MAJEURE
21.1 We won?t be held 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, nuclear accidents, zombie apocalypse, floods, strikes, epidemic, pandemic, government restrictions, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
22.1 To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold TxtReminders its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively ?indemnify? or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i)ÿyour access to or use of Our Applications, including any and all TxtReminders? Content, Products and any features, functionality, tools, and promotions available on and through the Application, (ii)ÿyour breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii)ÿyour gross negligence or willful misconduct.
22.2 You agree that, at TxtReminders option, You will conduct the defense of any such claim or action; provided that, notwithstanding our election that You conduct the defense, (i)ÿTxtReminders may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii)ÿyou will not enter into any settlement or other compromise without the prior written approval of TxtReminders (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
22.3 No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
23.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
24.1 You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Application.ÿAlso, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
24.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.ÿ
24.3 The Parties further agree that, upon termination of the Terms of Service, you shall not be entitled to any refund.
25.1 You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
26.0 CHANGES AND AMENDMENTS
26.1 We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will send you an email to notify you. Continued use of the Services after any such changes shall constitute your consent to such changes.
26.2 Acceptance of these terms
26.3 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
27.0 COMPLIANCE WITH LAWS
27.1 You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like Canada?s Anti-Spam Legislation, The Telephone Consumer Protection Act, CCPA, PIPEDA, and other applicable laws.
27.2 Further to the above, TxtReminders is committed to complying with the provisions of the law, as it relates to the rights of users in Canada and the United States of America.
28.0 CANADA ANTI-SPAM LEGISLATION AND THE TELEPHONE CONSUMER PROTECTION ACT
28.1 Compliance with the Canadian Anti-Spam Legislation (CASL) and the Telephone Consumer Protection Act (TCPA) is a primary aspect of our business, and Our role is to facilitate the management of consent settings, not to enforce legislation. It is your responsibility to be compliant with CASL and TCPA. As such, upon use of Our Services, you expressly consent to receive sms messages/reminders on your designated phone number.
28.2 As part of our commitment to the CASL and TCPA, we would not send you unsolicited messages or messages without your consent (collectively referred to as ?Unsolicited Messages?), even though there are exceptions such as: A recent ownership change in your phone number or somebody inadvertently inputs your phone number whilst trying to sign up for our Service.
28.3 Notwithstanding the above, You can easily opt-out from receiving the aforementioned messages by following this process: (1) Go to the Settings Menu, (2) Go to the Phone Number Management screen, (3) Remove the Phone/Mobile Number that you want to block
28.4 Furthermore, where you want to stop receiving text messages from a TxtReminders phone number, you can send a message from the associated mobile number containing the wordÿSTOPÿand send it to the dedicated service number you wish to block. This process will not work if you have registered using a landline so you must go to our website?s Help & Support page and create a support ticket. You may also send an email toÿsupport@txtreminders.com.
28.5 After successfully blocking a number, we may send you a confirmation email and text. Please note that blocking any of your numbers will disrupt the services and you may not receive reminders on any of your numbers.
29.0 ENTIRE AGREEMENT
29.1 These Terms of Service and any policies or operating rules posted by us on our Applications or in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).ÿ
29.2 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
30.0 DISPUTE RESOLUTION BY BINDING ARBITRATION
30.1 For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section, dispute, demand, claim, or cause of action) relating to the Services, the Applications, or these Terms, you and us agree to resolve any such controversy, dispute, demand, claim, or cause of action amicably, but failure to do so, it shall be exclusively referred to arbitration in accordance under the Rules of Arbitration (?Rules?) of the Canadian Arbitration Association, by one or more arbitrators appointed in accordance with the Rules then in effect.
30.2 The parties agree that the arbitrator shall have the authority to award attorneys? fees only to the extent expressly authorized by statute or contract.ÿ The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
30.3 The parties agree to arbitrate solely on an individual basis, and the Terms does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.ÿ Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
30.4 The Arbitration shall be held in Alberta and would be conducted in English Language.
30.5 Notwithstanding the foregoing, TxtReminders may seek injunctive relief in any court of competent jurisdiction in Alberta.
31.0 CONTACTING US
31.1 If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to email@example.com
32.0 DATE OF LAST UPDATE
32.1 This document was last updated on February 10, 2021