ACCEPTANCE OF TERMS AND CONDITIONS

By using this website or by clicking “I Agree” to this Agreement, partner/ subscriber/ supporter/ representative (“User”) agrees to the terms and conditions of this Agreement.

User agrees that if they choose to become a subscriber they are becoming a subscriber of Halo Text Inc., the owner of this website (“Company”), with the purpose of benefitting the Organization of their choice by either texting the Company provided keyword to the Organization or by registering online through the Company sign-up URL for the Organization. User agrees to receive up to three promotional texts per day from Company and/or the advertisers using Company’s platform to send text advertisements to the User. At any time, User can stop receiving texts from Company and from advertisers by texting “stop” to the phone number or short code from which promotional texts are received.

User represents that they are of legal age to form a binding contract. User must be at least 18 years old to be eligible to use Company’s website (“Website”). User must be at least 13 years old to use Company’s services. If User is under 18 in the United States or under the age of majority in their province/territory of residence, the parent or legal guardian of the minor must have read and agreed to these terms and conditions before subscribing to Company’s services. No one under the age of 13 may use the Website at any time.

  1. COMPANY RESERVES THE RIGHT TO REVISE THIS AGREEMENT

    The Company reserves the right, at any time, to update, revise, supplement and to otherwise modify this Agreement. In the event of a change to this Agreement, User’s continued use of this Website or acceptance of text messages from Company or from Company’s registered advertisers through the Company’s platform after written notice of any changes constitutes acceptance of the changes. User may check this Agreement periodically for any changes.

  2. TEXTING CHARGES

    1. Standard Texting Charges

      Company does not charge for services, but User’s service provider’s standard messaging charges apply. User may check with their service provider to determine charges before registering with Company.

    2. Limited Text Plans

      If User has a limited text plan through their service provider, enrolling with Company’s services could cause User to exceed User’s text limitations and could result in additional overage charges from User’s service provider. Company does not charge for services, but User’s service provider’s standard messaging charges apply. User may check with their service provider to determine if registering and receiving up to 93 text messages per month from Company in addition to User’s normal text usage will cause User to exceed their service providers limited text plan.

    3. Payment to User’s Service Provider

      User agrees that they are responsible for paying their service providers charges to use Company’s service. If you are under 18 years old in the United States or under the age of majority in User’s province/territory of residence, User agrees that they have permission to use Company’s services from the adult responsible for paying service provider’s charges.

  3. COMPENSATION

    User acknowledges that User is not entitled to receive compensation from the use of this Website. Company shall assign funds that may be generated to the Organization that contracted with Company for the purposes of fundraising.

  4. LICENSE TO USE THIS SITE

    Upon User’s acceptance of this Agreement, Company hereby grants User a non-exclusive and non-transferable limited license to use this Website in strict accordance with the terms and conditions of this Agreement. User agrees:

    • to not make any false or fraudulent statements in using this Website;
    • that all content and services available on this Website are the property of Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally;
    • that all rights not expressly granted in this Agreement are fully reserved by Company, Company’s advertisers and Company’s licensors;
    • to pay for any and all purchases and services using User’s name and credit card through this Website, and to not challenge any such charges;
    • to pay for all collections and/or attorney’s fees resulting from any non-payment.
    1. Privacy Statement

      1. Company Privacy Policy

        Company is committed to protecting User’s privacy. Authorized employees of Company only use any information collected from individual customers on a need to know basis. Company reviews their systems and data often to ensure the best possible service to customers. Regulations exist regarding specific offenses for unauthorized actions against computer systems and data and any such actions will be investigated with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. Company does not sell or provide your information to third parties.

      2. User Privacy Policy

        User agrees that if they provide Company with an e-mail address, Company may send an e-mail to User providing updates or requesting that User update their profile.

    2. Cookies

    3. Links to this Website

    4. Links from this Website

      1. Links to Other Websites

        This Website contains links to other websites for User’s information and convenience or to provide shopping for various other goods and services through our partners. These third-party websites undertake to maintain and are responsible for their own website’s terms of use. Company suggests that User carefully reviews the terms of use of each website they choose to access from this Website.

      2. Contents of Linked Websites

        Company does not monitor or review the content of any website linked to through this Website (“linked website”). Opinions and materials displayed on such linked websites are not necessarily shared or endorsed by Company.

      3. Privacy Policies of Linked Websites

        Company is not responsible for the privacy practices or content of any linked website. Company encourages users to be aware when they leave this Website and advises users to read the privacy statements of any linked websites. User should evaluate the security and trustworthiness of any other linked website before disclosing any personal information to the linked website. Company will not accept any responsibility for any loss or damage in any manner resulting from User’s disclosure of personal information to third parties.

      4. Government Use

        If you are a branch or agency of the United States Government, the following provision applies. This Website, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions on or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

    5. Log Files

      Company uses IP addresses to analyze trends, track User’s movement, administer this Website, and gather broad demographic information. IP addresses are not linked to personally identifiable information. Company’s web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL for purposes of system administration, detection of usage patterns and troubleshooting. This information is used only by Company on a need-to-know basis and is never shared with third parties. Company will never use any individually identifiable information related to this data in any way different to that stated above unless Company has received explicit permission from User.

  5. LICENCE RESTRICTIONS

    1. Use

      User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, adapt, edit, transmit, publish, publicly display, publicly perform, or create derivative works from any materials from this Website unless explicitly permitted by Company. Without written permission from Company, it is prohibited to systematically retrieve data or any other content from this Website for the purposes of creating or compiling, directly or indirectly, a collection, database or directory. Additionally, use of the content or materials of this Website for any purpose not expressly permitted in this Agreement is prohibited.

    2. Security

      1. System and Network Security

        User shall not violate or attempt to violate the security of this Website. Accordingly, User shall not:

        • access data or materials not intended for User;
        • log into a server or account which User is not authorized to access;
        • attempt to probe, scan, or test the vulnerability of a system or network; or
        • attempt to breach security or authentication measure without proper authorization.

        Violations of system or network security may result in civil or criminal liability in accordance with applicable law.

      2. User Protective Software

        User agrees that it is their responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to User’s computer via Company’s services.

      3. Username and Password

        User agrees that if Company issues them a Username and Temporary Password (User may edit, revise, or alter their Temporary Password), User shall use their best efforts to prevent access to this Website through User’s Username and Password by anyone other than themselves, including but not limited to, keeping such information strictly confidential, by using a secure Username and Password not easily guessed by third parties, and by notifying Company immediately if User discovers that a third party has gained access to User’s Username and Password.

      4. Reverse Engineering

        User agrees that they shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Website. User understands that such actions are likely to subject you to serious civil and criminal legal penalties and that Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

    3. Export

      User agrees that they shall comply with all applicable export and import control laws and regulations in use of this Website or any materials or services received through this Website. Particularly, User shall not export or re-export anything on or received through this Website in violation of local or foreign export laws and/or without all required United States and foreign government licenses.

    4. Errors and Corrections

      Despite the best efforts of Company, Company does not warrant or represent that this Website will not have any errors. Data entry errors or other technical problems may result in inaccurate information being shown. Company reserves the right to correct any inaccurate information or typographical errors on this Website. Inaccurate information may include pricing and availability of service. Company has no liability for such errors. Company may also make improvements and/or changes to this Website’s functionality, features, or content at any time and without notice. If User notices any information or descriptions that they believe to be incorrect, please contact Company and they will verify the information.

  6. USER’S LICENSE GRANT TO SITE

    1. Submissions

      Except with regard to personal information, all information posted by User on this Website or communicated by User to Company through this Website (“Submissions”) shall forever be the property of Company. Company shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in any future Company services.Without copy, Company shall have exclusive ownership of all present and future existing rights to any Submissions of every kind. User acknowledges that they are fully responsible for the message, including its legality, appropriateness, originality, reliability, and copyright. User hereby represents and warrants that their Submissions do not infringe the rights of any third party.

  7. USER CONDUCT

    By using features of this Website that allow User to post or otherwise transmit information to or through this Website, User agrees that they shall not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, video, data, sounds, images, or any other information that:

    • infringes any trademark, patent, copyright, trade secret, right of publicity, moral right, privacy or any other proprietary right of any party;
    • is unlawful, threatening, harassing, abusive, deceptive, invasive of another’s privacy, libelous, fraudulent obscene, sexually explicit, tortuous, or otherwise in violation of this Website’s rules or policies;
    • contains software viruses or any other computer code, files, or programs that are intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • constitutes unauthorized advertising, junk or bulk e-mail (“spam”), chain letters, or any form of lottery or gambling; or
    • impersonates any person or entity, including any employee or representative of this Website, or Company licensors or advertisers.
    1. User Personal Information

      User also agrees that they shall not collect information about the other users of the this Website or use such information to transmit or facilitate transmission of any spam or communications for any other commercial purposes of their own or of a third party. User also agrees that they shall not, through this Website, solicit information from or attempt to make physical conduct with anyone 18 years old or younger without parental consent.

    2. Content Posted by Users

      Company generally does not pre-screen, monitor, or edit the content posted by User. However, Company and its agents retain the right to remove any content that, in the judgment of Company or its agents, does not comply with the policies set forth in this Agreement or the rules of this Website or is otherwise objectionable, harmful, or inaccurate. Company is not liable for any failure, delay, damages or results in removing such content.

    3. User Termination

      User agrees that their use of this Website may be suspended or terminated immediately upon receipt of notice which alleges that they have violated any terms and conditions of this Agreement or have violated the Rules of this Website in a way that violates any local, state, federal or law of other nations [Take This Out If There are No “Rules”]. Such violations include but are not limited to posting information that may:

      • violate the rights of a third party;
      • defame a third party;
      • be obscene or pornographic;
      • harass or assault other users of this Website; or
      • violate hacking or other criminal regulations of its agents, officers, directors, contractors or employees.

      In the event of such violation, User agrees that Company may disclose User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action. Company shall not be liable for damages or results of a subpoena or other legal action nor the damages or results thereof. User agrees not to bring any action or claim against Company for such disclosure.

  8. INTELLECTUAL PROPERTY RIGHTS

    1. Trademark

      Company’s name, logo, and all product names, company names, and other company logos (“Marks”), unless otherwise noted, are trademarks and/or trade dress of Company. The use or misuse of any Marks or any other materials contained on this Website, without the prior written permission of Company or an authorized agent of Company, is expressly prohibited.

    2. Copyright

      This Website’s design, content, organization, text, graphics, magnetic translation, compilation, digital conversion, selection and order of elements, and all other matters related to tthis Website protected under applicable copyright laws of the United States, All Rights Reserved. The posting of such elements on this Website does not constitute a waiver of any rights in such elements. User does not acquire any rights of ownership to such elements viewed through this Website. Except as otherwise provided in this Agreement, none of these elements may be used, copied, reproduced, posted, downloaded, transmitted, displayed, mechanical, photocopied, recorded, or otherwise without the prior written consent of Company.

  9. DISCLAIMER OF WARRANTIES

    Company, its advertisers and licensors make no representation or warranties about this Website, the suitability of the information contained on or received through the use of this Website, or any service received through this Website. All information and use of this site are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, Company, its advertisers and its licensors hereby disclaim all warranties without regard to this Website, the information contained or received through the use of this Website, and any services received through this Website, including but not limited to all express, implied, and statutory warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, and non-infringement. Company, its advertisers and its licensors do not warrant that the contents of this Website are correct, accurate or reliable; that any defects or errors on this Website will be corrected; that any of the contents or information received through this Website is free of viruses or other harmful components; or that this Website will be available at any specific time or location. User agrees that they use this Website relying on no warranties, representations or statements other than those expressly stated in this Agreement.

  10. LIMITATION OF LIABILITY

    User expressly understands and agrees that Company, its advertisers and its licensors shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages arising out of or in any way related to this Agreement including but not limited to damages for loss of profits, goodwill, use data or other intangible losses. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company, its advertisers and/or its licensors have been advised of the possibility of such damage. The limited liability of Company, its advertisers and/or its licensors will apply to the maximum extent permitted by the law in User’s jurisdiction.

  11. INDEMNIFICATION

    User agrees to defend, indemnify and hold harmless Company, its advertisers, licensors, subsidiaries and other affiliated companies, employees, contractors, officers, agents, and directors from and against any claim, demand, cause of action, debt, loss or liability, including attorney’s fees, to the extent that such action is based upon, arises out of, or relates to:

    • User’s use of this Website;
    • User’s violation of this Agreement;
    • the infringement by User, or by any other person using User’s Username and Password, of any right of any person or entity; or
    • any other activities of User’s accomplished using this Website.

    Company reserves the right to, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which even User shall cooperate with Company in asserting any available defenses.

  12. LEGAL COMPLIANCE

    All parties to this Agreement shall comply with all applicable United States and local laws and regulations in connection with its activities pursuant to this Agreement. Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this Website for any purpose that violates any local, state, federal law, or laws of other nations, including but not limited to posting information that may:

    • violate the rights of a third party;
    • defame a third party;
    • be obscene or pornographic;
    • harass or assault other users of this Website;
    • violate hacking or other criminal regulations of its agents, officers, directors, contractors or employees.

    In such case, Company may disclose User’s identity. Company shall not be liable for any damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

  13. CHOICE OF LAW AND FORUM

    1. Governing Law

      The laws of the State of Massachusetts, United States govern all matters arising under and relating to this Agreement, including torts.

    2. Venue

      By accessing this site, User and Company agree to the filing of any claim only in the exclusive personal jurisdiction and venue of Massachusetts.

  14. AMENDMENTS

    The parties may amend this Agreement only by the parties’ written agreement that identifies itself as an amendment to this Agreement.  No oral amendments are allowed.

  15. SEVERABILITY

    If any provision of this Agreement is determined to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.

  16. ENTIRE AGREEMENT

    These Terms and Conditions constitute the entire agreement between User and Company governing User’s use of this Website. These Terms and Conditions shall not be modified except by Company as provided herein or through a written document signed by both parties.