Text Messaging Terms and Conditions
HiBroadcast LLC ("HiBroadcast") provides the Text Messaging programs as a free text messaging service (the "Service") to consumers. Please read these terms and conditions prior to using the Service. By using the Service, you agree to be legally bound by these terms and conditions. If you do not agree with these terms, please do not use the Service.
Please note that to use the Service, recipients may incur a fee from their mobile phone provider, depending on the arrangement the recipient has with his/her mobile phone providers. A message recipient's cell phone must be capable of receiving text messages in order to use the Services.
Privacy: We will only use information you provide to deliver the Service to you or as otherwise described in this document. Please review our Privacy Policy and Terms and Conditions for further information. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, not current or incomplete, HiBroadcast may refuse you access to the Service and pursue any appropriate legal remedies.
Disclaimer: HIBROADCAST, ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. HIBROADCAST AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED ADVERTISER DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HIBROADCAST AND ITS LICENSORS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HIBROADCAST NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF HIBROADCAST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES, WITHOUT LIMITATION TO DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (INDIRECT OR CONSEQUENTIAL DAMAGES); AND ANY OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES.