Please read these Terms and Conditions of Service (“Terms”) carefully. These Terms are a legally binding agreement (“Agreement”) between you and iTextMyClients, Inc. THE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. By purchasing, activating, or using any a iTextMyClients, Inc. product (“Product”) or service (“Service”), you the customer (“You”), acknowledge and agree to these Terms and Conditions of Service. iTextMyClients reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms are effective and will be binding upon you when posted on our website at iTextMyClients.com. Because these Terms and Conditions of Service are subject to change at any time You should always check our website for the most current version. For assistance or more information, please contact iTextMyClients Customer Care firstname.lastname@example.org.
You may activate your account by calling Customer Care or by visiting our website and following the instructions that came with your Services Guide or activation kit. Any promotional or bonus minutes that are included with a new iTextMyClients are issued upon activation of your Service are not transferable or refundable. Promotional credits and bonus minutes have no cash value. Any attempt to transfer promotional, bonus or other free credits may result in the permanent deactivation of your Service without a refund. When you activate your account, you will be registering and providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your reporting detail records since we will be unable to authenticate You as the lawful owner of the account. In those situations, we require a valid Subpoena or Court order before records may be released. iTextMyClients provides Service at its discretion. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All credits are quoted are approximate. If you are activating your account with us, you must comply with all applicable laws, rules and regulations. The wireless telecommunications networks used to transmit SMS are owned and operated by various licensed commercial mobile service providers (“Carriers”), not T iTextMyClients. When You activate your Service, you will be provided with a telephone number. Please note that You have no ownership rights to any telephone number and You acknowledge and agree that we may change any such number, or other identifier associated with your Service at any time without prior notice to You.
iTextMyClients may terminate this Agreement at any time without notice if we cease to provide service. Either party may terminate this Agreement (which will terminate Service) at any time and for any reason. Unused credits at the time of termination will not be refunded. You agree not to use your account for any purpose in violation of these Terms or applicable law. We can, without notice, limit, suspend, or terminate your account for violating these terms or for any other good cause, including, but not limited to, if You: (a) engage in any deceptive or fraudulent conduct with respect to the Service; (b) threaten or commit violence against any of our employees, agents or customer service representatives; (c) use vulgar, offensive or inappropriate language or otherwise engage in harassment when interacting with our representatives; (d) interfere with our operations or Service; (e) engage in abusive messaging, emailing or calling. We reserve the right to, without notice, limit, suspend or terminate your account for any other operational or governmental reason. In addition to permanently terminating your account, criminal offenses (i.e., threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, restrictions on the use of iTextMyClients products and the provisions governing dispute resolution and requiring arbitration of disputes.
Text Massaging: Text messages are charged at the rate of one (1) credit per text. Specifically, iTextMyClients is generally involved in SMS services or campaigns to a designated group of persons that have agreed to receive communication via SMS. This involve sending a text message to a designated “short code”. CREDIT USAGE: Credit will be deducted for all time during which your Service is connected to, or using iTextMyClients. Use of a Credit begins when you press the “send”, or other button to initiate or answer a SMS. Credits are deducted for all incoming and outgoing SMS.
All service payments are processed by credit card. You hereby authorize iTextMyClients to charge your credit card as per your chosen monthly plan or purchasing additional credits.
Your Account will only operate when you have credit units and service days available. Add credits to your account by purchasing additional credits. MONTHLY VALUE PLANS: iTextMyClients Monthly Value Plans are available in various denominations of credits and provide 30 days of service. The credits and service days of your Monthly Value Plan are automatically added to your account on a monthly basis. iTextMyClients may modify its Monthly Value Plan offerings at any time. In the event of any modification that increases the charges associated with your Monthly Value Plan, you will receive thirty (30) days notice prior to being charged the new rate AUTO-REFILL PLANS: iTextMyClients Auto Refill Plans are available in various denominations of credits and service days. You may enroll in Auto-Refill by registering your credit or debit card online with iTextMyClients and selecting the Service Plan you want. With Auto-Refill, a new Service Plan will be automatically purchased and added to your Account each month on your Service End Date and your credit or debit card will automatically incur a charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that your Auto-Refill is determined by the last Service Plan you have purchased and added to your phone. To change this, you must call Customer Service and speak with one of our Customer Care representatives. REFILLING YOUR ACCOUNT BEFORE YOUR SERVICE END DATE. If you do not purchase and add credits prior to the Service End Date, your iTextMyClients Service will be deactivated on the Service End Date and you will lose your assigned number even if you have credits remaining. To prevent this from occurring, please keep your iTextMyClients Service active by purchasing and adding credits on or before your Service End Date. Notwithstanding your Service End Date, iTextMyClients reserves the right to discontinue service and deactivate any account for which there is no text or data usage for a period of six (6) consecutive months. If your account is deactivated, your Service can be reactivated by purchasing and adding more credits. Once reactivated, your account may be assigned a new number. Credits which remained unused at the time of deactivation will be lost.
In order to purchase, download or access iTextMyClients credits and services, You must have active service and sufficient available credits. Charges begin when you makes a data connection and send your first SMS. Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a session. Charges for MMS (e.g., picture messaging) on Feature Phones. You will be charged to send or receive a multi-media message (the “MMS Charge”) based upon the number the multi-media message sent or received. Modifications, Interruptions, or Discontinuation of Data Service. iTextMyClients does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services may not available in all areas. iTextMyClients is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services. Non-Rated Content. iTextMyClients content is not rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold iTextMyClients liable for any offensive or objectionable content.
iTextMyClients Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your iTextMyClients Product constitutes a violation of your agreement with iTextMyClients and will invalidate the Limited Warranty associated with your account. You also agree not to engage in any other unauthorized or illegal use of your iTextMyClients Service, or assist others in such acts. Improper, illegal or unauthorized use of your iTextMyClients account may result in immediate termination of your Service without notice and legal action. iTextMyClients will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. In the event of termination for any other unauthorized usage, You will forfeit unused credits and you will not be entitled to receive a refund for your iTextMyClients for any unused credits.
Find below a list of important resources. Please review these resources to make sure you're in compliance and avoid fines.
The limited warranty extends only to the original purchaser (“Consumer”) of credits from iTextMyClients and is not assignable or transferable to any subsequent purchaser or end-user. iTextMyClients does not warrant uninterrupted or error-free operation of the Account or Service. ITEXTMYCLIENTS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ITEXTMYCLIENTS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ITEXTMYCLIENTS KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. ITEXTMYCLIENTS SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS OR OTHER CONTENT. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state. This is the entire warranty between iTextMyClients and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, ITEXTmyCLIENTS SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE.
iTextMyClients will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of Services. iTextMyClients will not be liable for any act or omission of any other company furnishing a part of our Services or for any damages that result from any Service provided by third parties.
You agree to indemnify and hold harmless iTextMyClients from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a iTextMyClients Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care department at email@example.com Before taking any formal action, You agree to first contact us in writing and provide a description of your dispute, all relevant documents, and Your proposed resolution. If we are unable to resolve Your dispute within 30 days of Your notice to us, You agree to submit Your dispute to binding arbitration or small claims court as set forth in this provision. Please forward Your dispute to: iTextMyClients, Inc., Attn: Legal Department-Consumer Claims.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF ITEXTMYCLIENT’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND ITEXTMYCLIENT’S FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. This provision is intended to encompass all disputes or claims arising out of Your relationship with iTextMyClients, arising out of or relating to the Service in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and TextMyClients include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to iTextMyClients by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting iTextMyClients’s Legal Department as set out above. You and iTextMyClients agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision. You and iTextMyClients agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and iTextMyClients agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), iTextMyClients will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and iTextMyClients in accordance with AAA Rules. Additionally, iTextMyClients hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules. If iTextMyClients made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written offer made to You by iTextMyClients, iTextMyClients will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, iTextMyClients will pay Your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If iTextMyClients opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $3,000 if the arbitrator finds in Your favor and that iTextMyClients will reimburse Your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and iTextMyClients agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits. Unless You and iTextMyClients agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Tampa, Florida, unless You and iTextMyClients agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and iTextMyClients waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor iTextMyClients shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction. In the event that any claim proceeds in a court of law rather than through arbitration, You and iTextMyClients agree that there will not be a jury trial. You and iTextMyClients unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and T iTextMyClients further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 15 DAYS OF THE ACTIVATION OF YOUR ACCOUNT OR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH ITEXTmyCLIENTS AND DO NOT OPT OUT OF THIS PROVISION WITHIN 15 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY SENDING US AN EMAIL TO SUPPORT@ITEXTMYCLIENTS.COM; ATTN: LEGAL DEPARTMENT-CONSUMER CLAIMS. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
This Agreement shall be construed under the laws of the state in which you, the customer, reside, without regard to the state’s choice of law rules, except for the arbitration provision contained in these Terms, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
This document was last updated on March 18, 2016