Terms of Use
Terms of Use Welcome to textmecash.com. Textmecash provides printable and mobile coupons (SMS) by way of its website located at www.textmecash.com. The following "Terms of Use" constitutes an agreement between textmecash.com (also known as "textmecash," thegreencoupon.com, the "Service" or "our","us" or "we") and you, the visitor, member, advertiser or business owner collectively, including all content available through the textmecash.com domain name, the "Website." PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN ("TERMS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE. 1. Acceptance of Terms and Conditions Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed at www.textmecash.com/privacy and is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Website. Textmecash.com reserves the right, in its sole discretion, and at any time, to modify, alter or otherwise update these Terms of Use without notice to you. Such modifications shall be effective immediately upon posting of the modified Terms of Use. Your use of this Website after we have posted such modifications, updates or alterations, indicates your agreement to be bound by the revised terms. If any modification is not acceptable to you, your only recourse is to cease to use the Website. Textmecash.com retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Website may contain links to other websites that are not owned or controlled by Textmecash.com that may have Terms of Use policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of websites hosting third-party content or that allow postings by third-parties. By accessing such websites through links provided on this Website, you agree to abide by each applicable Terms of Use policy as therein specified. These Terms of Use apply to all users of the Website, including users who are also contributors of reviews and other materials or services on the Website, if applicable. 2. Age Requirement for Use of the Site 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 Use, and to abide by and comply with these Terms of Use. You affirm that you are over the age of 18, as the Web Site is not intended for children under 18. If you are under 18 years of age, do not use the Website. 3. Proprietary Rights This Website is owned and operated by textmecash.com and contains original material that is the property of textmecash.com and is protected by all applicable Federal and State laws, including copyright and trademark laws, as well as the applicable laws of jurisdictions outside of the United States. Your use of the Site does not grant to you ownership of any content, features or materials you may access on the Website. Any commercial use of the Site is strictly prohibited, except as expressly allowed herein or otherwise expressly approved by us. You may not copy, reproduce, republish, modify, upload, post, transmit, distribute (including by e-mail or other electronic means) or otherwise exploit any code, software, images, illustrations, or other content on the Website without our prior written consent. Any misuse of such materials or content contained on this Website may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website. You also agree and acknowledge that any material, including without limitation, any ideas, concepts, methods, systems, designs, plans, techniques, content, coupons, text, graphics, photos, etc. that you submit, post or otherwise communicate to the Website may be used by us in any manner. You will indemnify and hold harmless textmecash.com from any third-party claim related to a breach of any of the foregoing representations and warranties. By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use textmecash's name, logo, trademark, trade names or service marks except as expressly permitted in the Terms of Use without textmecash's prior written consent. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content on the Website. 4. General Website Content and Links You acknowledge that the coupons available through textmecash.com and all of our other interactive services are offered on an "AS IS" basis. You understand that textmecash.com does not control, monitor, filter or edit coupons in any way. As a result, you understand that textmecash.com is not responsible for the accuracy or reliability of any content or coupon passing through textmecash.com by advertisers. This site may provide links to other Websites, applications, or programs that are not controlled by or affiliated with textmecash.com ("Linked Websites"). The Linked Websites are for your convenience only, and you access them at your own risk. Textmecash.com has no control over, is not responsible for, and does not endorse, the content, offers, privacy policies, or practices of any Linked Websites whether or not Textmecash.com is affiliated with the sponsors of a site. Visitors to any linked site are expected to abide by the Terms of Use and Privacy Policies of that particular linked site. By using the Website, you expressly release textmecash.com from any and all liability arising from your use of any Linked Websites. Textmecash.com welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Textmecash.com. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Textmecash.com site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Textmecash.com site without prior written consent of Textmecash.com. Textmecash.com shall have the right, at any time and in its sole discretion, to block links from the Website through technological or other means without prior notice. 5. Website Access for Consumers A. Textmecash.com hereby grants you permission to use the Website as set forth in this Terms of Use, 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 our 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 Use. B. In order to access some features of the Website, you may have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information as requested by us. If you register, you may communicate with textmecash.com and other Users, post or publish feedback or rating features, as may be made available at our complete discretion, a message board, chat area, bulletin board, news group, email functionality or other communication feature. All such communications are referred to hereafter as "Feedback". You are solely responsible for all Feedback. If you have a review featured on the Website, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We disclaim all liability relating to your Feedback. You may not submit any Feedback that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use. C. 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 any submissions made by them. 6. Participation at Your Own Risk By using textmecash.com and any of our other interactive services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the content made available through textmecash.com. Materials contained on this Website or in links from the Website are dated as of the date originally issued or posted and may no longer be accurate. While Textmecash.com tries to ensure that any information posted to this Website is both timely and accurate, errors may appear from time to time and certain information may not be the most current information available. While follow-up information may be posted, the web site may continue to provide access to the original information and reports, as in an archive, and Textmecash.com may not change the original information to reflect the new developments. Individuals looking for the most recent information should be sure that they are not accessing outdated information. Before acting on information found on the site, facts that are important to a decision should be independently confirmed. While textmecash.com might delete ads after they expire, textmecash.com assumes no obligation to update any materials. You further understand that textmecash.com does not guarantee that any coupon is or will be valid or honored by any business or advertiser. By using this Website, you also agree to indemnify, defend and hold textmecash.com harmless from any loss or damages associated with the coupons and/or content made available through this service. Although the Website enables users to connect and share feedback with one another, textmecash.com has no obligation to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and/or feedback made available on the Website. Some people may find the reviews, advertisements and/or feedback objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and/or feedback. We assume no responsibility for monitoring any reviews, advertisements and/or feedback or conduct during use of the Website. We are also under no obligation to modify or remove any reviews, advertisements and feedback and assume no responsibility for a user's conduct during his or her use of the Website. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and/or feedback. However, you acknowledge and agree that we retain the right to monitor the Website and to disclose and information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect ourselves or our users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, for any reason in our sole discretion, including any we deem unacceptable, undesirable, inappropriate or in violation of these Terms of Use. 7. Customer interactions with businesses, merchants, or organizations hereinafter referred to as "Business" Your interactions, including payment and delivery of goods, services or information, with each vendor or advertiser which offers a coupon on the Website (each a "Business") are solely between you and the Business. You agree that textmecash.com shall not be responsible or liable for any loss or damage of any sort, incurred as a result of any such business dealings. Textmecash.com shall make commercially reasonable efforts to insure the integrity of all offers made available though the Website by way of our "add feedback" feature, but we do not guarantee in any way that a particular coupon offer will be valid or that it will be honored by the Business offering such promotion. 8. Integrity of Content and/or Coupon You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of textmecash.com or any third party. 9. (SMS) Mobile Coupon Feature Textmecash.com currently provides SMS mobile coupon service to you free of charge. However, you understand that when you use the textmecash.com SMS mobile coupon service, you will be subject to charges imposed by your wireless carrier or other Internet provider, as applicable. Payment of such charges shall be your sole responsibility. Textmecash.com's model of generating revenue may change at any time. You also understand that textmecash.com does not guarantee that the mobile coupon feature will function or that mobile coupons will work with all wireless carriers or cell phones. 10. Coupon Ratings Users may rate, review and/or comment on each coupon posting ("Ratings"). Ratings will be posted and averaged. 11. Privacy Policy Textmecash.com is committed to protecting the privacy of our users. In the course of your use of this Website, you may be asked to provide certain information to us (such information is hereinafter referred to as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Website's Privacy Policy which can be accessed and reviewed here [www.textmecash.com/privacy] and which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. By submitting your User Information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. If you do not agree to any of these terms, then do not use the Website. 12. Disclaimer/Limitations on Liability A. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services made available through textmecash.com's website, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied or statutory. B. TEXTMECASH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. C. TEXTMECASH.COM, ITS AFFILIATED OR RELATED ENTITIES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TEXTMECASH.COM'S WEBSITE DISCLAIM ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE; (II) REGARDING THE GOODS, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES OR USERS; (III) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE WEBSITE WILL BE UNINTERRUPTED OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT TEXTMECASH.COM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE MATERIAL THAT YOU READ ON TEXTMECASH.COM'S WEBSITE IS PROVIDED FOR PROMOTIONAL PURPOSES. D. TEXTMECASH.COM ASSUMES NO RESPONSIBILITY FOR: (I) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION; AND (II) ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO YOU OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE. E. YOU EXPRESSLY AGREE THAT USE OF THE TEXTMECASH.COM SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER TEXTMECASH.COM, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TEXTMECASH.COM'S WEBSITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER TEXTMECASH.COM WEBSITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEXTMECASH.COM AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT TEXTMECASH.COM) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TEXTMECASH.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. F. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, TEXTMECASH.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TEXTMECASH.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF TEXTMECASH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. G. TEXTMECASH.COM SHALL ASSUME NO LIABILITY FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER ON ACCOUNT OF EVENTS BEYOND ITS REASONABLE CONTROL, WHICH MAY INCLUDE, WITHOUT LIMITATION, DENIAL-OF-SERVICE ATTACKS, STRIKES, SHORTAGES, RIOTS, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, MATERIAL SHORTAGES, EXTRAORDINARY INTERNET CONGESTION OR EXTRAORDINARY CONNECTIVITY ISSUES EXPERIENCED BY MAJOR TELECOMMUNICATIONS PROVIDERS AND UNRELATED TO TEXTMECASH'S INFRASTRUCTURE OR CONNECTIVITY TO THE INTERNET, OR FAILURE OF ANY THIRD PARTY DISTRIBUTION PARTNER, (EACH A "FORCE MAJEURE EVENT"). UPON THE OCCURRENCE OF A FORCE MAJEURE EVENT, TEXTMECASH.COM WILL BE EXCUSED FROM ANY FURTHER PERFORMANCE OF ITS OBLIGATIONS EFFECTED BY THE FORCE MAJEURE EVENT FOR SO LONG AS THE EVENT CONTINUES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE MAXIMUM LIABILITY OF TEXTMECASH.COM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO TEXTMECASH.COM TO ACCESS AND USE THE SITE. 13. Indemnity You agree to defend, indemnify and hold harmless textmecash.com, and other affiliated companies, its officers, directors, employees and agents, licensors, suppliers and any third-party information providers to the Website 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 out of: (i) your use of, or activities in connection with the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that any of your Feedback caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. Textmecash.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Textmecash.com in asserting any available defenses. 14. Account Service You can cancel your account at any time by giving textmecash.com written notice at info@textmecash.com. You agree that textmecash.com, at its sole discretion, may delete or deactivate your account, block your IP address or email or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any Content from the service, for any reason, including, without limitation, if textmecash.com believes that you have acted in a manner that is inconsistent with these Terms of Use, or the spirit thereof. Further, you agree that textmecash.com shall not be liable to you or any third-party for any termination of your access to the service. 15. Independent Relationship These Terms of Use, including but not limited to submission or distribution of any reviews or advertisements, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and textmecash.com. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. 16. Governing Law and Venue Unless otherwise specified, the materials in the Textmecash.com Website are presented solely for the purpose of promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Textmecash.com from its offices within the State of New York, United States of America. Textmecash.com makes no representation that materials in Textmecash.com's Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and at their own risk and are responsible for compliance with all local laws, rules and regulations, if and to the extent local laws may be applicable. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the County of New York, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of New York and the Federal District Court for the Southern District of New York, located in New York County, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts. 17. Violations of Terms Please report any violations of these Terms of Use by e-mailing info@textmecash.com. Copyright Act Agent: We respect the intellectual property rights of others, and require that anyone using this site does the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send textmecash.com a notice requesting that textmecash.com remove the material or block access to it. Please include your address, telephone number and email address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; a statement by you, under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We suggest that you consult your legal advisor before filing a notice or counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Email: dmcaagent@textmecash.com 18. Entire Agreement These Terms of Use constitute the entire and exclusive understanding and agreement between you and textmecash.com regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and textmecash.com relating to this subject matter, and shall not be modified except in writing, signed by textmecash.com. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website. 19. Miscellaneous These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by textmecash.com without restriction. The failure to require performance of any provision shall not affect textmecash.com's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from this agreement, and shall be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Textmecash's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Textmecash.com will not be responsible for failures to fulfill any obligations due to causes beyond its control. Textmecash.com obtains permission from companies and other content owners to make their content available to you through the Website. You agree that the content owners that license or otherwise make their content available to Textmecash.com in connection with the Website are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content. In the event that Textmecash.com is acquired by or merges with a third party entity, we reserve the right, in any of these circumstances to transfer or assign the information we have collected from our consumers as part of such merger, acquisition, sale or other change of control. 20. Contact Us If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@textmecash.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include private or sensitive information in your e-mail correspondence with us. Copyright 2008 Textmecash.com