SMS MY TEXT HERO TERMS AND CONDITIONS
Based on your subscription profile, you may receive multiple SMS text messages from MTH on a daily basis. These messages may also include a sponsorship advertisement at the bottom of the message. MTH endorses and authorizes every sponsorship advertisement included in a SMS message. The sponsorship advertisements are provided as a value-added informative service, and any such dealings with a sponsor company is strictly between you (the user) and the sponsoring company. Text messages that you receive on your device may be delayed during transmission for any technical reasons. Most all cell phones are capable of receiving 160 characters in a text message. The accuracy and timeliness of any Text messages is not guaranteed or warranted by MTH.Some services are offered on a query/response service. Whereas, the user texts a phrase or keyword to a number and an immediate response is provided. There is no subscription associated with this type of service and no need to unsubscribe or STOP/END/QUIT the program. After the initial response, user will not receive any additional messages, unless their specific query/response program offers that functionality, such as a txt2win or txt2vote, where the results will be sent back to all who participated in the program for notification of winnings and/or final vote tally.
SUPPORTED CARRIERS
AT&T (formerly Cingular), Alltel, Boost Mobile, Dobson (Cellular One) Nextel, Sprint, T-Mobile, Verizon Wireless
UNSUBSCRIBING/SERVICE CANCELLATION
You may unsubscribe to the subscription services and the query/response services which provide further messaging at any time by (i) clicking the "Unsubscribe" link and following the instructions; (ii) Sending the text message STOP to 76229 Your un-subscription request will be processed as soon as possible; (iii) Send an email to help@mytexthero.com with "Unsubscribe" in the subject line, with your phone number in the body;(iv) Call 1-866-573-6440. You are welcome to subscribe again to the service again at any time.
FEES
Fees may be free, $1.99, $4.99 depending on subscription or program type. Your wireless carrier may charge service fees for text messaging (including receiving/sending messages). We recommend that you check with your wireless carrier to verify the fees that may apply to your wireless device plan. MTH does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will MTH or its vendors be responsible for fees that your wireless carrier may charge you.
PERSONAL INFORMATION
In order to receive MTH Wireless, we need your cell phone number and carrier. MTH will not disclose any personally identifiable information to any third party without your consent.
ANTI-SPAM
MTH does not buy, rent, or sell personal information. Every text message sent allows for unsubscription, allowing users to automatically and immediately remove themselves from subscription lists. The only way to receive MTH alerts is to subscribe to it. MTH complies with the CAN-SPAM Act of 2003.
SECURITY
MTH takes every precaution to protect users’ information. Only MTH employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Other persons may have access to certain information through the maintenance and management of the data systems, these people are under strict non-disclosure and confidentiality agreements not to disclose, use or otherwise modify any customer information without express, written consent.
NOTIFICATION OF CHANGES
MTH reserve the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective five (5) days after they are initially posted. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. Terms of Use are subject to change without notice.
SUBMISSIONS
We welcome your comments and suggestions regarding the service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to MTH shall be and remain the exclusive property of MTH. Your submission of any such Comments shall constitute an assignment to MTH of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. MTH will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. MTH expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
OWNERSHIP: COPYRIGHT & TRADEMARK NOTICE
All of the content you see, hear or otherwise experience through the Services (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by MTH or by third parties who may own them.
NO ENDORSEMENT OF THIRD PARTIES
References on MTH to any names, marks, products or services of third parties, or hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by MTH. MTH does not endorse nor make any warranties or representations about any web site you may access through MTH, including the privacy policy of any such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.
ASSIGNMENT
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of MTH. Any such purported assignment or delegation by you without the appropriate prior written consent of MTH will be null and void and of no force or effect.
APPLICABLE LAW
This site is created and controlled by Wide Media, LLC d/b/a My Text Hero in La Verkin, Utah. As such, the laws of Utah will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of Utah for any litigation arising out of or relating to use of or purchase made through MTH (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Courts of Utah and agrees not to plead or claim in any Court of Utah that such litigation brought therein has been brought in an inconvenient forum.
LEGAL DISCLAIMER
MTH may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (i) conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; (ii) protect and defend our rights or property or those of our users; (iii) act as immediately necessary in order to protect the personal safety of our users or the public ; (iv) enforce these terms; or (v) administer the Services.
TERMINATION/ACCESS RESTRICTION
MTH reserves the right, in its sole discretion, to terminate your subscription and access to any or all services at any time, without notice. MTH shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you.
INDEMNITY
You agree to indemnify, defend and hold harmless MTH, its employees, officers and directors, or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising from; (i) your use of the Services; (ii) your violation of the terms of these Terms and Conditions; and (iii) any violation or failure by you to comply with all laws and regulations in connection with the Services.
LIMITED LIABILITY DISCLAIMER
Under no circumstances, including negligence, shall MTH, its officers, members, agents or anyone else involved in creating, producing or distributing the Service be liable to Client, User or any third party, for any claims, causes of action or direct, indirect, incidental, special, consequential, trebled, or punitive damages, that result or are alleged to have resulted from the use of or inability to use the Service, or that results from mistakes, omissions, interruptions, errors, defects, delays in transmission or any failure of performance, whether or not caused by acts of God, communications failure, theft, destruction, unauthorized access to Service Provider’s records, programs or services or any other cause.
MTH specifically disclaims any liability with regard to the content and communication services offered through the service. THE INFORMATION AND SERVICES INCLUDED IN THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION RECEIVED THROUGH THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN NO EVENT SHALL MTH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AT YOUR OWN RISK. MTH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED INFORMATION.
YOU SPECIFICALLY AGREE THAT MTH SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SMS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MTH IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF MTH IS TO BE FOUND LIABLE IN A COURT OF LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES TO BE RECOVERED WILL BE LIMITED TO $100.
NO WARRANTY OR GUARANTY MTH SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICES IT IS PROVIDING, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.