Terms & Conditions
Terms of Service for PromoteByText.com
PromoteByText.com offers mobile services for real estate professionals and home owners to meet the needs of their customers and potential buyers.. In order to use our services, there are some legalities we need to get out of the way that protect you – and us, so everyone has a safe and enjoyable experience.
Terms of Service
Please take a few minutes to read through the Agreement completely before using The Website. By accessing and using The Website, you agree to be bound by the terms and conditions set forth in the Agreement. If you do not agree with any of the terms and conditions herein, you may not access or use any part of The Website, including the PromoteByText Services. If the Agreement is considered an offer by PromoteByText.com, acceptance is expressly limited to the terms and conditions contained within. Only those aged 13 or older may use The Website.
- Your PromoteByText.com Account and Site: You are solely responsible for maintaining the security of your account. You take full responsibility for any and all activity that occurs under your account, as well as any other actions related to your campaigns. Any keywords used to describe your account cannot be misleading or unlawful in any way, including in a manner meant to trade on the name or reputation of others. PromoteByText.com reserves the right to change or remove any keywords or descriptions it considers inappropriate or may cause PromoteByText liability. You must notify PromoteByText immediately of any unauthorized use of your campaigns, your account or any other breaches of security. PromoteByText is not responsible and will not take liability for any omissions by You, including damages of any kind as a result of such omissions.
- Responsibility of Contributors: Use of The Website to run a campaign, post material, post links or otherwise make (or allow any third party to make) material available (material being Content from now on) means You accept full responsibility for the Content of, and any damage resulting from, that Content. Regardless of the manner of Content, i.e.: text, graphics, audio or computer software, you are solely responsible. By making Content available, you represent and warrant that:
- Downloading, copying and use of the Content will not infringe on the rights, including but not limited to, the copyright, patent, trademark or trade secrets of any third party.
- If your employer has rights to any Content you create, you have either (i) received permission from your employer to post the Content, or (ii) you have secured a waiver from your employer granting you the rights to the Content.
- You comply completely with all third party licensing to the Content and pass along all terms and conditions to the end user.
- The Content you provide does not contain or install any viruses, malware, Trojan horses or other harmful content upon download.
- The Content is not spam and will not lead the end user to third party sites or boost search engine rankings. The Content must not be machine or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic or further unlawful acts such as phishing or spoofing.
- The Content is not pornographic in nature and does not contain threats or incite violence against individuals or entities. The content does not violate the privacy or publicity rights of any third party.
- Your Content is not being promoted via unwanted electronic messages that may be considered spam.
- Your campaigns are not named after other individuals or companies to mislead your readers into thinking you are someone else.
- Content that includes computer code is accurately categorized and/or described by the type or nature, uses, effects, whether requested to do so by PromoteByText or not.
- By using The Website, you grant PromoteByText.com a world-wide, royalty-free and non-inclusive license to reproduce, modify, adapt and publish the Content for the purpose of promoting your campaigns. If Content is deleted, PromoteByText will make reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be immediately unavailable.
- Without limitation, PromoteByText has the right (but not the obligation) to: (i) refuse or remove any content that violates any PromoteByText policy or that which is deemed inappropriate, or (ii) terminate or deny access to and use of The Website to any individual or entity for any reason. PromoteByText is not obligated to refund any amount previously paid.
- Payments and Renewals
- General Terms: Paid services such as extra credits are available on The Website. Upon purchasing an Upgrade, you agree to pay PromoteByText the monthly fee (additional payment terms are specified below). You will be charged on a pre-pay basis beginning on the day you purchase the Upgrade and the term of service will cover the use of that service for a monthly or annual period as specified. Upgrade fees are non-refundable.
- Automatic Renewals: Unless you notify PromoteByText before the end date of your Upgrade subscription, PromoteByText will automatically renew your Upgrade subscription for the specified monthly or annual period and you authorize Us to use any payment method we have on record to collect the applicable fee. You may cancel any Upgrade at any time by contacting us directly.
- PromoteByText Services:
- Fees and Payments: By signing up for PromoteByText Services, you agree to pay PromoteByText the fees indicated in exchange for the services provided. Beginning from the day you purchase the services and in advance of said services, fees will be invoiced. PromoteByText reserves the right to change the payment terms and fees with a 30 day written notice to you. You may terminate any PromoteByText Service anytime upon a 30 day written notice to PromoteByText.
- Support: PromoteByText Services include priority email support. Priority means that PromoteByText Services customers receive assistance before users who use our basic, free services. You can make requests for technical support though email and PromoteByText will make reasonable efforts to respond within one business day. All PromoteByText Services will be provided in accordance with PromoteByText standard practices, procedures and policies.
- Responsibility of Website Visitors: PromoteByText has not and cannot review all Content posted to The Website. Therefore, PromoteByText cannot be held responsible for material posted by its users. PromoteByText does not endorse any Content created by its users, nor does it believe the Content to be accurate, useful or non-harmful. As a user of The Website, You are responsible for protecting your computer system from viruses, worms or other harmful content. By using The Website, you understand that it may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies and typographical or other errors. You further understand that The Website may contain content that violates privacy or publicity rights, or infringes on the intellectual property and proprietary rights of third parties. Content on The Website may also contain copyright infringements subject to additional terms and conditions whether stated or unstated. PromoteByText disclaims any responsibility for damages resulting from the use of The Website by visitors or from any downloading of posted Content by those visitors.
- Content Posted on Other Websites: PromoteByText has not and cannot review all of the content linked to by PromoteByText, nor any that links to PromoteByText. PromoteByText cannot control non-PromoteByText websites and is not responsible for content posted on said websites. PromoteByText does not claim to endorse or support third party websites. You are responsible for protecting your computer systems from viruses, worms and other harmful content. PromoteByText is not responsible for any damages resulting from the use of non-PromoteByText websites.
- Copyright infringement and DMCA Policy: PromoteByText expects users to respect our intellectual property rights and do the same for others. If you believe any of the Content posted on, or linked to The Website violates your copyright, You are encouraged to contact PromoteByText immediately. PromoteByText will remove the offending material or disable any links to the infringing content and PromoteByText will terminate the visitor’s access to The Website if the visitor is deemed to be a repeat infringer of copyrights or other property rights of PromoteByText or others. PromoteByText is under no obligation to refund any fees previously paid should this happen.
- Intellectual Property: This Agreement does not transfer from PromoteByText to you or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with PromoteByText. PromoteByText, PromoteByText.com, the PromoteByText.com logo, and all other trademarks, service marks, graphics and logos used in connection with PromoteByText.com, or The Website are trademarks or registered trademarks of PromoteByText or PromoteByText’s licensors. Other trademarks, service marks, graphics and logos used in connection with The Website may be the trademarks of other third parties. Your use of The Website grants you no rights or licenses to reproduce or otherwise use any PromoteByText or third-party trademarks.
- Changes: PromoteByText reserves the right to make changes at any time to the Agreement. You are encouraged to check the Agreement periodically for changes. Continued use of The Website after such changes are made indicates an acceptance of the changes. New services and/or features may be added to The Website periodically and will be subject to the same terms and conditions set forth in the Agreement.
- Termination: PromoteByText reserves the right to terminate your access to The Website, or any part thereof, at any time, with or without notice, effective immediately. If you wish to discontinue your Agreement or account with PromoteByText, simply stop using The Website. PromoteByText Services accounts can only be terminated by PromoteByText if you breach the Agreement and fail to cure such a breach within 30 days of receiving notice from PromoteByText. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties: The Website is provided “as is.” PromoteByText, its suppliers and licensors claim no warranties of any kind, expressed or implied. PromoteByText, its suppliers and licensors make no warranties that the Website will be error-free or that access to The Website will be continuous or uninterrupted. You understand that you download and view Content on The Website at your own risk.
- Limitation of Liability: PromoteByText, its suppliers and licensors will in no way be liable for (i) any special, accidental or other consequential damages; (ii) the cost of any substitute products or services; (iii) for interruption of use or corruption of data; (iv) for any amount that exceeds the fees paid by You to PromoteByText under this agreement during the 12 month period prior to the cause of action. PromoteByText has no liability for failure or delay due to matter beyond a reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification: You agree to indemnify and hold harmless PromoteByText, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Website, including but not limited to your violation of this Agreement.
- Miscellaneous: The Agreement is the entire agreement between you and PromoteByText. It may only be modified by written amendment signed by an authorized executive of PromoteByText or by a posting of a revised Agreement by PromoteByText. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Missoula County, Montana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Missoula, Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PromoteByText.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.