The Texting Tip LLC does not allow bots, spyders, or any other type of sniffing/hacking programs to be run on our servers. Such activity will be deemed as server abuse and will result in immediate account termination. Attacks against our servers and computer systems is strictly prohibited. This includes and is not limited to: port scanning, IP spoofing, SYN flood attacks, security hole scanning, etc.
We supply some of our customers with resources to resell our products. These resources are for download and viewing only. WE DO NOT ALLOW LINKING TO OUR RESOURCES. Unauthorized linking to our website and servers without the expressed written consent of The Texting Tip LLC will be deemed as server abuse. This includes and is not limited to linking to: html pages, images, media, files, and any other part of our website.
The Texting Tip LLC will act strongly against server abuse. Possible actions against server abuse may include and are not limited to warnings, account suspension or termination, and civil or criminal legal action, depending on the seriousness of the abuse and or attack.
FEES AND CANCELLATIONS
You agree to our additional Fees and Cancellations policy.
LIMITATIONS OF LIABILITY
Texting Tip’s entire liability and your exclusive remedy with respect to use of the Texting Tip web site and any components of the Texting Tip web site, as well as Texting Tip is liable to you for breach of the General Terms of Service are limited solely to the amounts you have paid to Texting Tip for the use of the web site and for refund or replacement of any product returned by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Texting Tip liability is limited to the extent permitted by law.
In no event shall Texting Tip, its parent companies, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licencors, its contractors or their respective agents or employees be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorney’s fees or any direct, indirect, special punitive, incidental, exemplary or consequential damages, (or any kind of damages whatsoever). This applies even if Texting Tip has been advised of the possibility of such damages; whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery; arising out of or in connection with the use, inability to use, or performance of the information, merchandise, and materials available from the Texting Tip web site, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through The Texting Tip web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event Texting Tip is found liable under any circumstance under the terms of this agreement, Texting Tip liability shall be limited to the replacement or refund for any product or service purchased from us and the replacement or refund for product will be made after the return of the product to Texting Tip.
By using the Texting Tip LLC service, you consent to receiving electronic, phone, and mail communications from the Texting Tip LLC. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with Texting Tip LLC and you are entitled to receive them as part of the Texting Tip LLC subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All content included on the Texting Tip LLC website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of TEXTING TIP LLC, or its members and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the TEXTING TIP LLC, and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from the Texting Tip LLC, or its suppliers. The Texting Tip LLC reserves the right to terminate your membership here-under if the TEXTING TIP LLC, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content
ACCOUNT ACCESS AND IDENTITY PROTECTION
In order to provide you with ease of access to your account, Texting Tip LLC could place a cookie (a small text file) on any computer from which you access the Texting Tip LLC website. When you revisit the Texting Tip LLC website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the Texting Tip LLC website. If you find that you're a victim of identity theft and it involves a Texting Tip LLC account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. The Texting Tip LLC reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Texting Tip LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of the Texting Tip LLC or by the automated processes of the Texting Tip LLC
As a client of the Texting Tip LLC, you understand that you are absolutely independent entity from the Texting Tip LLC. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.
You and Texting Tip LLC agree that the laws of the State of Texas and Travis County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Texting Tip LLC relating in any way to the Texting Tip LLC service or website or these Terms. You and the Texting Tip LLC expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.
Re-seller understands that all information provided by the Texting Tip LLC is confidential and proprietary to Texting Tip LLC and must be used by re-seller according to the terms of this agreement. Re-seller agrees to not provide any confidential or proprietary information received from Texting Tip LLC to any business entity that may compete with the Texting Tip LLC. Any violation of confidentiality is grounds for immediate termination.
While www.textingtip.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. Texting Tip LLC is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question the Texting Tip LLC customer service representatives regarding any portion of the Website that they have read but do not understand.