We strive to be fair and upfront.

Here you’ll find our Privacy Policy and our Terms of Use. Our policies in general are this: we strive to be fair and upfront about all of our policies. Please read and understand these agreements. If you have any feedback on how to improve them please send your suggestions to Legal Policy Feedback. Thanks and we really do look forward to providing you straightforward and amazing services at a fair price.

Privacy Policy

CREATED AND LAST MODIFIED: March 31, 2014

TextCafe values the privacy of the users, publishers, service organizations, and others who visit and use the TextCafe Platform (collectively or individually, “You” or “Users”). By using the TextCafe Platform, you expressly consent to the information handling practices described in this notice.

This Privacy Notice is incorporated into and is subject to the TextCafe Platform Terms of Use. Your use of the TextCafe Platform and any personal information you provide through the TextCafe Platform are subject at all time to this Privacy Notice and the Terms of Use. Terms for “TextCafe” and the “TextCafe Platform” apply to any site or mobile application owned and operated by TextCafe, including TextCafe.com.

1. The Information TextCafe Collects

User-provided Information: You may provide to TextCafe what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number) if you log in to the TextCafe Platform, or otherwise use the features and functionality of the TextCafe Platform. You may also provide other information to TextCafe, including your age, location, and gender, through use of its functionality and features, such as by creating a user account.

“Cookies” Information: When you access the TextCafe Platform, we may send one or more cookies – small text files that contain a string of alphanumeric characters – to your computer. TextCafe may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the TextCafe Platform. One type of persistent cookie that may be installed on your computer when you use TextCafe is called a “Flash cookie” or an “LSO.” Persistent cookies can be removed. Please review your web browser's “Help” file to learn the proper way to modify your cookie settings.

“Automatically Collected” Information: When you access the TextCafe Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique device or user ID, version of software installed, system type, the referring search query used to locate content and pages on the TextCafe Platform, the content and pages that you access on the TextCafe Platform, and the dates and times that you visit the TextCafe Platform.

2. The Way TextCafe Uses Information

TextCafe uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the TextCafe Platform as well as to track Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.

We will use your email address, without further consent, for administrative communications such as notifying you of major TextCafe Platform updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have uploaded to or downloaded from the TextCafe Platform. TextCafe uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the TextCafe Platform works and looks, and to create new features and functionality.

TextCafe may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the TextCafe application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the TextCafe Platform; (c) monitor aggregate site usage metrics such as total number of visitors and pages accessed; (d) provide such metrics to Users as they pertain to such User’s uploaded content; and (e) track your entries, submissions, and status or other activities.

3. When TextCafe Discloses Information

TextCafe does not share your personally identifiable information with other organizations for their marketing or promotional uses.

TextCafe may disclose aggregated or other types of non-personally identifiable information to third parties for various purposes, including marketing or promotional uses. For example, TextCafe may disclose non-personally identifiable information to interested third parties to assist them in understanding the usage, viewing, and demographic patterns on the TextCafe Platform.

We may disclose User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist TextCafe in improving the TextCafe Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

TextCafe may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

TextCafe also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect TextCafe from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the TextCafe Platform; or to protect the rights, property, or personal safety of TextCafe, our Users, or others.

4. Your Choices

You may, of course, decline to share your personally-identifiable information with TextCafe, in which case TextCafe will not be able to provide to you some of the features and functionality found on the TextCafe Platform. You may update, correct, or delete your user information and preferences at any time.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5. OUR COMMITMENT TO DATA SECURITY

TEXTCAFE USES COMMERCIALLY REASONABLE PHYSICAL, MANAGERIAL, AND TECHNICAL SAFEGUARDS TO PRESERVE THE INTEGRITY AND SECURITY OF YOUR PERSONAL INFORMATION. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO TEXTCAFE, AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION OF INFORMATION, TEXTCAFE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS. HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS.

IF TEXTCAFE LEARNS OF A SECURITY SYSTEMS BREACH, THEN WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. TEXTCAFE MAY POST A NOTICE ON THE TEXTCAFE PLATFORM IF A SECURITY BREACH OCCURS. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. TO RECEIVE A FREE WRITTEN NOTICE OF A SECURITY BREACH YOU SHOULD NOTIFY US AT PRIVACY@TextCafe.COM.

6. OUR COMMITMENT TO CHILDREN'S PRIVACY

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TEXTCAFE PLATFORM AT ANY TIME OR IN ANY MANNER.

PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. FOR THAT REASON, TEXTCAFE DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER 13 YEARS-OF-AGE. IF TEXTCAFE LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13-YEARS-OF-AGE HAS BEEN COLLECTED ON OR THROUGH THE TEXTCAFE PLATFORM, THEN TEXTCAFE WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION.

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME TEXTCAFE PLATFORM MEMBER, THEN PLEASE CONTACT TEXTCAFE AT PRIVACY@TextCafe.COM TO HAVE THAT CHILD’S ACCOUNT TERMINATED AND INFORMATION DELETED.

7. INTERNATIONAL VISITORS

FOR USERS VISITING THE TEXTCAFE PLATFORM FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY DATA YOU ENTER INTO THE TEXTCAFE PLATFORM WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY TEXTCAFE AND ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED HEREIN. IN ADDITION, BECAUSE TEXTCAFE OPERATES GLOBALLY, WE MAY MAKE INFORMATION WE GATHER AVAILABLE TO WORLDWIDE BUSINESS UNITS AND AFFILIATES. BY PROVIDING ANY DATA ON THE TEXTCAFE PLATFORM, YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFERS OF YOUR DATA TO THE UNITED STATES OR OTHER COUNTRIES.

8. IN THE EVENT OF MERGER OR SALE

IN THE EVENT THAT TEXTCAFE IS ACQUIRED BY OR MERGED WITH A THIRD-PARTY ENTITY, WE RESERVE THE RIGHT, IN ANY OF THESE CIRCUMSTANCES, TO TRANSFER OR ASSIGN THE INFORMATION THAT WE HAVE COLLECTED FROM USERS AS PART OF THAT MERGER, ACQUISITION, SALE, OR OTHER CHANGE OF CONTROL.

9. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

THIS PRIVACY NOTICE MAY BE REVISED PERIODICALLY WITHOUT FURTHER NOTICE TO YOU AND THIS WILL BE REFLECTED BY A “LAST MODIFIED” DATE ABOVE. PLEASE REVISIT THIS PAGE TO STAY AWARE OF ANY CHANGES. IN GENERAL, WE ONLY USE YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED IN THE PRIVACY NOTICE IN EFFECT WHEN WE RECEIVED THAT PERSONAL INFORMATION. YOUR CONTINUED USE OF THE TEXTCAFE PLATFORM CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY NOTICE AND ANY FUTURE REVISIONS.

FOR REVISIONS TO THIS PRIVACY NOTICE THAT MAY BE MATERIALLY LESS RESTRICTIVE ON OUR USE OR DISCLOSURE OF PERSONAL INFORMATION YOU HAVE PROVIDED TO US, WE WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU AND OBTAIN YOUR CONSENT BEFORE IMPLEMENTING REVISIONS WITH RESPECT TO SUCH INFORMATION.

10. TEXTCAFE CONTACT INFORMATION

PLEASE CONTACT TEXTCAFE WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE, YOUR PERSONAL INFORMATION, AND OUR THIRD-PARTY DISCLOSURE PRACTICES OR YOUR CONSENT CHOICES AT: TEXTCAFE, 325 SPEEN STREET, NATICK, MA 01760, OR BY EMAIL: Privacy@TextCafe.com. WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT.

Terms of Use

CREATED AND LAST MODIFIED: March 31, 2014

Welcome to the TextCafe.com (hereinafter “TextCafe”)) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, transformation and enhancement of written digital content over the internet (the “TextCafe Platform”).

The following Terms of Use for the TextCafe Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and TextCafe regarding Your use of the TextCafe Platform.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY UPLOADING TO, DOWNLOADING FROM OR USING THE TEXTCAFE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE TEXTCAFE PLATFORM IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.

1. Eligibility.

The TextCafe Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the TextCafe Platform by TextCafe. If you are using or opening an account on the TextCafe Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE TEXTCAFE PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are at least 13 years old, as the TextCafe Platform is not intended for children under 13.

2. Privacy; Additional Terms.

Your privacy is important to TextCafe. TextCafe’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to TextCafe’s collection, use, and disclosure of Your personal information.

3. Individual Features and Services.

When using the TextCafe Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

4. Modification of these Terms.

TextCafe reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the TextCafe Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the TextCafe Platform. We will always make a reasonable effort to notify You if we do change these Terms.

5. Digital Millennium Copyright Act.

The User represents and warrants that it has the right to send files to TextCafe and to use TextCafe to transform and enhance these files. The User hereby agrees to fully indemnify TextCafe against any loss, claim or liability incurred by TextCafe in connection with any claim, loss or liability in regard to infringement of copyright, or any other proprietary or intellectual rights of any third party or due to any content which is libelous, defamatory, obscene or otherwise unlawful material.

Please note that TextCafe will promptly terminate without notice any User’s access to the TextCafe Platform if that User is suspected by TextCafe to be misrepresenting itself or its activities in any way.

6. TextCafe Platform License Grant.

6.1 License Grant to Download.

Subject to Your compliance with the terms and conditions set out in these Terms, TextCafe hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to upload content, transform content, enhance content, download content, or otherwise access content or use any products, services, or otherwise access information from TextCafe for personal use, except as TextCafe may restrict or block at the request of its customers, service organizations or on its own initiative.

6.2 Reservation of Rights.

TextCafe reserves all rights not expressly granted in these Terms.

6.3 Prevention of Unauthorized Use.

TextCafe reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the TextCafe Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

7. Content Disclaimer.

You understand that when using the TextCafe Platform You will be responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against TextCafe with respect thereto. TextCafe does not endorse any content or any opinion, recommendation, or advice expressed therein, and TextCafe expressly disclaims any and all liability in connection with content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, TextCafe may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, TextCafe does not permit copyright infringing activities on the TextCafe Platform.

8. Prohibited Conduct.

BY USING THE TEXTCAFE PLATFORM YOU AGREE NOT TO:

  • 8.1 use the TextCafe Platform for any purposes other than the authorized upload, download, transformation and enhancement of written digital content over the internet, and/or to access the TextCafe Platform as such services are offered by TextCafe;
  • 8.2 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the TextCafe Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the TextCafe Platform, or perform any other similar fraudulent activity;
  • 8.3 use the TextCafe Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • 8.4 use the TextCafe Platform if You are under the age of thirteen (13) years old;
  • 8.5 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the TextCafe Platform that prevent or restrict use or copying, printing, or sharing of any content accessible through the TextCafe Platform, or features that enforce limitations on the use of the TextCafe Platform or any content available via the TextCafe Platform;
  • 8.6 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the TextCafe Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • 8.7 modify, adapt, translate or create derivative works based upon the TextCafe Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • 8.8 intentionally interfere with or damage operation of the TextCafe Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • 8.9 use any robot, spider, scraper, or other automated means to access the TextCafe Platform for any purpose or bypass any measures TextCafe may use to prevent or restrict access to the TextCafe Platform;
  • 8.10 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the TextCafe Platform;
  • 8.11 interfere with or disrupt the TextCafe Platform or servers or networks connected to the TextCafe Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the TextCafe Platform; or
  • 8.12 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in TextCafe’s sole opinion detracts from the TextCafe experience.

9. Account

When You use the TextCafe Platform to upload content, transform content, enhance content, download content, or otherwise access content or use any products, services, or otherwise access information from TextCafe, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to TextCafe on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify TextCafe. You may be liable for the losses incurred by TextCafe or others due to any unauthorized use of Your TextCafe Platform account.

10. Third-Party Sites, Products and Services; Links.

The TextCafe Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by TextCafe, TextCafe does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

11. Termination; Terms of Use Violations.

11.1 TextCafe.

You agree that TextCafe, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with TextCafe or Your use of the TextCafe Platform and remove and discard all or any part of Your account, User profile, and any content, at any time. TextCafe may also in its sole discretion and at any time discontinue providing access to the TextCafe Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the TextCafe Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that TextCafe will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TextCafe may have at law or in equity.

11.2 You.

Your only remedy with respect to any dissatisfaction with (i) the TextCafe Platform, (ii) any term of these Terms, (iii) any policy or practice of TextCafe in operating the TextCafe Platform, or (iv) any content or information transmitted through the TextCafe Platform, is to close Your account and stop using TextCafe. You may terminate these Terms at any time by discontinuing use of TextCafe.

12. Ownership; Proprietary Rights.

The TextCafe Platform is owned and operated by TextCafe. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the TextCafe Platform provided by TextCafe (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. TextCafe acknowledges that You retain ownership of any User Comments you may post via TextCafe, subject however to Your grant to TextCafe of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the TextCafe Platform. All Materials contained on the TextCafe Platform are the property of TextCafe or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to TextCafe or its affiliates and/or third-party licensors. TextCafe reserves all rights not expressly granted in these Terms.

13. Indemnification.

You agree to indemnify, save, and hold TextCafe, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the TextCafe Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. TextCafe reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify TextCafe, and You agree to cooperate with TextCafe’s defense of these claims. TextCafe will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEXTCAFE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTCAFE OR THROUGH THE TEXTCAFE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM TEXTCAFE INCLUDES TEXTCAFE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

15. Limitation of Liability and Damages.

15.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TEXTCAFE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE TEXTCAFE PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH TEXTCAFE, EVEN IF TEXTCAFE OR AN TEXTCAFE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Limitation of Damages.

IN NO EVENT WILL THE TOTAL LIABILITY OF TEXTCAFE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE TEXTCAFE PLATFORM OR YOUR INTERACTION WITH OTHER TEXTCAFE PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TEXTCAFE PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

15.3 Reference Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TEXTCAFE AND RECEIVED THROUGH OR ADVERTISED ON THE TEXTCAFE PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.

15.4 Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT TEXTCAFE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TEXTCAFE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TEXTCAFE. TEXTCAFE WOULD NOT BE ABLE TO PROVIDE THE TEXTCAFE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

15.5 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

16. Miscellaneous.

16.1 Notice.

TextCafe may provide You with notices, including those regarding changes to TextCafe’s terms and conditions, by email, regular mail, or postings on the TextCafe Platform. Notice will be deemed given twenty-four hours after email is sent, unless TextCafe is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the TextCafe Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the TextCafe Platform is deemed given ten days following the initial posting.

16.2 Waiver.

The failure of TextCafe to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TextCafe.

16.3 Governing Law.

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.

16.4 Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms or TextCafe will be filed only in the state or federal courts in and for Suffolk County, Massachusetts, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

16.5 Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

16.6 Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by TextCafe without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

16.7 Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-16.

16.8 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

16.9 Entire Agreement.

These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and TextCafe relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by TextCafe as set forth in section 4 above.

16.10 Claims.

YOU AND TEXTCAFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TEXTCAFE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.11 Disclosures.

The services are offered by TextCafe, located at: TextCafe, 325 Speen Street, Natick, MA 01760, and email: terms@textcafe.com. If You are a United States resident, You may have this same information mailed to You by sending a letter to the foregoing address with Your mailing address and a request for this information.