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Terms of Use 1. Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the FreeSMSAlerts.com domain name, the "FreeSMSAlerts Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF FreeSMSAlerts'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.FreeSMSAlerts.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the FreeSMSAlerts Website. 2. FreeSMSAlerts Website These Terms of Service apply to all users of the FreeSMSAlerts Website, and other materials or services on the Website. The FreeSMSAlerts Website may contain links to third party websites that are not owned or controlled by FreeSMSAlerts. FreeSMSAlerts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FreeSMSAlerts will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve FreeSMSAlerts from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the FreeSMSAlerts Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Website Access A. FreeSMSAlerts hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without FreeSMSAlerts's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FreeSMSAlerts immediately of any breach of security or unauthorized use of your account. Although FreeSMSAlerts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FreeSMSAlerts or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the FreeSMSAlerts servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, FreeSMSAlerts grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FreeSMSAlerts reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. 4. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE FreeSMSAlerts WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeSMSAlerts, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FreeSMSAlerts MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FreeSMSAlerts WEBSITE. FreeSMSAlerts DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FreeSMSAlerts WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FreeSMSAlerts WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 7. Limitation of Liability IN NO EVENT SHALL FreeSMSAlerts, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FreeSMSAlerts WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Website is controlled and offered by FreeSMSAlerts from its facilities in the United States of America. FreeSMSAlerts makes no representations that the FreeSMSAlerts Website is appropriate or available for use in other locations. Those who access or use the FreeSMSAlerts Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 8. Indemnity You agree to defend, indemnify and hold harmless FreeSMSAlerts, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the FreeSMSAlerts Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the FreeSMSAlerts Website. 9. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the FreeSMSAlerts Website is not intended for children under 13. If you are under 13 years of age, then please do not use the FreeSMSAlerts Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 10. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FreeSMSAlerts without restriction. 11. General You agree that: (i) the FreeSMSAlerts Website shall be deemed solely based in Texas; and (ii) the FreeSMSAlerts Website shall be deemed a passive website that does not give rise to personal jurisdiction over FreeSMSAlerts, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and FreeSMSAlerts that arises in whole or in part from the FreeSMSAlerts Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, Texas. These Terms of Service, together with the Privacy Notice at http://www.FreeSMSAlerts.com/privacy and any other legal notices published by FreeSMSAlerts on the Website, shall constitute the entire agreement between you and FreeSMSAlerts concerning the FreeSMSAlerts Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FreeSMSAlerts's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FreeSMSAlerts reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the FreeSMSAlerts Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FreeSMSAlerts AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FreeSMSAlerts WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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