This Terms of Access Agreement (“Agreement”) is made between Text My Gov Inc. (“TextMyGov’) and any Agency, Employee, User, You or Citizen with a login or access to the TextMyGov Services (“User”).
BY CLICKING THE ACCEPTANCE BUTTON, ACCESSING, VIEWING or USING ANY PART OF THE SERVICE(s), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND YOU MAY NOT ACCESS, USE OR VIEW ANY PART OF THE SERVICE.
1. TextMyGov Service(s)
TextMyGov allows “User” to utilize smart texting technology to ask questions, get immediate responses, find links to information, search a website, address problems, report any issues and uploads photos, store information, report information, and manage the processes. Referred in this Agreements as (“Services”)
2. Descriptions and Requirements
a. Description. The Services is proprietary to TextMyGov and is protected by copyright laws, intellectual property laws and international intellectual property treaties. User access to the Services is licensed and not purchased. TextMyGov agrees to provide you with User access to the Service(s), consisting of access to an Internet application(s), Services and storage space for the sole purpose of citizen engagement and communications, subject to the terms and limitations set forth in this Agreement.
b. Accessibility. TextMyGov will do everything, within reason, to assure you continuous access to the Services. You agree that from time to time the Services may be momentarily inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that TextMyGov may undertake from time to time; or (iii) causes beyond the control of TextMyGov or that are not reasonably foreseeable by TextMyGov.
c. Data Storage and Management. You hereby accept full responsibility for the accuracy of the data input, uploaded or converted, without limitations, regardless of the source. TextMyGov will store and provide secure access to the data used as part of the Services. In accordance with accessibility terms, the TextMyGov provides restricted access to some Services including but not limited to reporting, setup, configuration, data exporting and admin functions. TextMyGov will manage the data in a secure environment and routinely backup the data to prevent any major loss of data. You agree that TextMyGov is not responsible for loss of information for any reason, including, without limitation: (i) file transfers, (ii) Internet uploads/downloads; or (iii) Secure Internet File Text Transfer Protocol (FTTP).
3. Representations and Warranties
You represent and warrant to TextMyGov that: (a) you have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 4; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number, agency you work for, e-mail address, contact information or person responsible for the account.
4. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation: (a) editing or deleting important information used by you or other users in your organization, (b) providing access to the Services to anyone that does not have an authorized password; (c) accessing information not provided, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or TextMyGov; (d) creating a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) exporting, re-exporting or permitting downloads of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Services or any other computer network; (g) disseminating or transmitting viruses, trojan horses or any other malicious code or program; or (h) engaging in any other activity deemed by TextMyGov to be in conflict with the purpose or intent of this Agreement.
5. Limitations
a. Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Services. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Services with your password.
b. Privacy. It is the policy of TextMyGov to respect your privacy. TextMyGov will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless TextMyGov has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any authority; (ii) protect and defend the rights or property of TextMyGov; (iii) enforce this Agreement; or (iv) protect the interests of users of the Services other than you. Your IP address or cell phone number is transmitted and recorded with each message you send from the Services. TextMyGov will not provide information in aggregate form collected from and relating to you or to third persons such as advertisers.
6. Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. After the initial term (number of years) of the purchase agreement. You may terminate this Agreement for any reason upon 60 days prior written notice to: Text My Gov, PO Box 3784, Logan, Utah 84323.
TextMyGov reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend access to or use of all or any portion of the Services; and (c) terminate this Agreement.
7. Disclaimer of Warranties
THE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. TEXTMYGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES TEXTMYGOV MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. TEXTMYGOV MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TEXTMYGOV BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
9. Indemnification
You agree to indemnify, hold harmless and defend TextMyGov, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your use of the Service, including any data or work transmitted or received by you; and (b) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
10. Miscellaneous
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. TextMyGov shall have the right, at any time and without notice, to add to or modify the Terms of this Agreement, simply by delivering such amended terms to User by requiring acceptance during login. User access to or use of the Services after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
f. Law. This Agreement is made in and shall be governed by the laws of the State of Utah without reference to conflicts of laws.
g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Utah. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Utah. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Utah and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Utah.
h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, Services by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Utah.
i. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
j. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
k. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
l. Survival. The terms and provisions of Sections 2, 3, 4, 5, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement.
m. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS & CONDITIONS OF THIS AGREEMENT.