The owner of this website may receive compensation for recommendations made in reference to the products or services on this website. The compensation may be in the form of money, services or complementary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended buy this

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE TEXT BLAST PLATFORM. THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXT BLAST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXT BLAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR ANY OF THE TEXT BLAST SERVICES; (D) THE UNAUTHORIZED ACCESS OR USE OF YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TEXT BLAST FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TEXT BLAST TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TEXT BLAST. THE SITE, SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

“RINGLESS VOICEMAIL” IS A WIDELY ADOPTED, BUT POTENTIALLY INACCURATE, INDUSTRY TERM TO DESCRIBE A VOICEMAIL DELIVERY SERVICE. WHILE WE MAKE A BEST EFFORT, WE MAKE NO GUARANTEE THAT OUR DELIVERY OF YOUR MESSAGE WILL NOT CAUSE YOUR CONTACT’S PHONE TO RING.

Introduction

These Terms of Service (the “Terms”) govern the individual, company and/or organizational (collectively, “you”, “your” or “Customer”) purchase and use of any of TEXT BLAST services, including your use of the various text/SMS/MMS/Voicemail message marketing services (collectively, the “Services”) available through our website (www.unlimitedringless.com) (including both mobile and online versions) (the “Site”), and the software, technical and communications platform(s) available on and through the Site (collectively, the “Platform”). The Platform and Services are made available by Drop Productions, LLC., d/b/a TEXT BLAST ( “TEXT BLAST”, “we”, “our” or “us”).

If you want to use the Platform or our Services, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. The business realities associated with operating the Platform and providing the Services are such that, without the conditions that are set forth in these Terms — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – TEXT BLAST would not make the Platform or the Services available to you. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Platform or to the Services offered via the Platform or otherwise (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Description of TEXT BLAST

Through the Platform and Services, TEXT BLAST provides phone number rentals, voice call, notification, and messaging services that allows paid subscribers to contact and send information to their user database through telephony services, mobile text messaging services, direct-to-voicemail services, and other mobile communication systems. After purchasing a subscription to the Platform, you can create and send text marketing campaigns to advertise your various products and services. As part of the Services and Platform, TEXT BLAST provides you with a variety of tools to collect names, mobile phone numbers, email addresses, and other information to help you import subscriber data. However, contact information may be imported only if your users have given you consent to receive a specified type of messaging from you. As further specified in Section 6 below, the Platform may NOT be used for sending any unsolicited messages except with our prior written approval. You agree to our Privacy Policy and anti-spam policies described in these Terms and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account. We reserve the right to suspend or terminate your account at any time, at our sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in these Terms or applicable law. Violation of applicable telemarketing, anti-spam, or any other applicable laws and regulations may also result in third-party legal actions against you. TEXT BLAST also reserves the right to terminate your access to the Platform and Services at any time and immediately if we believe that your conduct is harmful to the interests of TEXT BLAST . We reserve the sole discretion and right to permanently delete any phone numbers assigned to your account and any data stored in your account immediately after your account termination or any of your assigned Keyword(s) (defined below) may be reassigned by us to other users .

1. Terms Applicable to the Purchase of Subscriptions to the Platform and Services

2. Opening and Terminating Accounts

In order to access or use the features and Services available through the Platform, you will be required to first register for an account through our online registration process and purchase a subscription or fund your account as described in Section 1 above. The Platform’s practices governing any resulting collection and use of your personal information are disclosed in the Privacy Policy. By using the Platform, you acknowledge and accept the Platform’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Platform using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

3. Keywords, Content, Ownership and Limited License

4. Platform, Services and Content Use Restrictions

5. Customer Content

You (on behalf of yourself and your Authorized Users) hereby grant TEXT BLAST a limited, non- exclusive, non-transferable, worldwide, royalty-free license, during the Subscription Term to: (i) use and distribute any and all messages, data, text, video, photos, audio and all other materials and information (including personal information of your users) which is submitted to us or the Platform by you (or on your behalf), including, but not limited to, your trademarks, trade names and service marks (collectively, “Customer Content”) as necessary for our operation of Platform and provision of the Services; (ii) sublicense the foregoing rights to third parties; and (iii) sublicense the foregoing rights to our subcontractors as necessary to provide the Platform and Services. In addition to and without limitation to terms under the use restrictions set forth in Section 4 above, TEXT BLAST prohibits any use of the Platform in connection with any of the following types of content, products, and services:

6. Consents and Legal Compliance for Messaging

The following terms and information constitute an introduction to the concept of spam and the general contours of a responsible, permission-based text marketing campaign. In addition, our Anti- Spam Policy applies to your use of the Platform and is incorporated into these Terms by this reference. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of the Platform. This Section is not intended to nor shall it be deemed to constitute legal advice. You should consult a lawyer for legal advice on your activities, practices, and your use of the TEXT BLAST Services. The information herein is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your use of our Services prior to using the Platform.

What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send text messages. For example, if a customer disclosed a mobile number to you in the course of business but did not give you specific permission to send marketing messages, you may not have permission to send text messages to that mobile number. Also, some federal and state laws restrict the hours and days when marketing calls can be made. Before using the Platform, you agree to review and abide by all federal, state, and local laws, including, but not limited to, the following laws, and to check for any revisions, as they may be amended over time.
Telephone Consumer Protection Act (“TCPA “)
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003
Mobile Marketing Association (“MMA “) U.S. Consumer Best Practices Guidelines for Messaging
CTIA – The Wireless Association – Best Practices and Guidelines for Location-Based Services

For further information, please visit websites, including:

You represent and warrant that the owners of the phone numbers to which you transmit messages, call, or otherwise contact through TEXT BLAST , are not listed on any applicable Do Not Call Registry(s) and have consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA, and other applicable laws and regulations. You acknowledge that you are solely responsible for all acts or omissions or violations of law that may occur in connection with your use of TEXT BLAST ‘s Platform or Services.

The Platform may allow you the ability, at our discretion, to upload previously opted in mobile numbers. You acknowledge and agree that you shall have sole responsibility for obtaining any consents for uploaded mobile numbers and for complying with any terms and/or conditions that may govern these previously opted in mobile numbers, even if you should use any mobile alert terms and conditions we make available through the Platform.

You agree that you will not access or otherwise use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with the Platform. Additionally, you agree not to send messages to your users beyond the frequency represented in any disclosures or terms.

You agree that you will import, add, edit, access and otherwise use in connection with the Platform only contact information with proof, which you shall retain, of each user’s consent to receive communications from you. We reserve the right, at our sole and absolute discretion, to suspend or deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization’s legal identity.

You agree to represent truthfully your identity, the identity of your organization, your product or service, availability of goods or services, pricing, benefits, and any other offering aspects in your messaging.

You agree to comply with all local, state, and federal laws and regulations as well as general industry best practices governing your content or promotion type.

TEXT BLAST maintains a no-tolerance policy toward spam. Although TEXT BLAST does not assume the duty or obligation to monitor messages, we reserve the right, in our sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to the guidelines and policies pertaining to our Site and Services.

You agree that any individuals requesting “Do-Not-Call” ( “DNC “) status shall immediately be placed on your company DNC list and TEXT BLAST shall have no responsibility for notifying you of such opt-outs. You further agree that you will not initiate any subsequent messages to any individuals after they make a DNC or other opt-out or stop request.

You hereby acknowledge and confirm that you are solely responsible for the content of your messaging. You will ensure that any and all consents have been obtained, including, without limitation, consent for the delivery of commercial and marketing messages. You hereby acknowledge that TEXT BLAST merely provides a platform for facilitating the sending of your messages, and that you shall have sole responsibility and liability for your messages and communications. You also agree to defend, indemnify and hold harmless TEXT BLAST from and against any claims or damages which may result from your use of the Platform and Services, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators (see Indemnity provision for a complete list of your indemnities to TEXT BLAST ). We reserve the right to hold, suspend or terminate your account or access to the Platform and/or Services for any alleged violation of this Section 6 and/or any unusual or suspicious activity related to your account.

7. Support and Customer Service

Except as otherwise provided herein, TEXT BLAST will: (i) use commercially reasonable efforts to make the Platform available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks. If you have a question regarding using the Platform or Services, you may contact us via email at support@textblast.org. You acknowledge that the provision of customer support is at TEXT BLAST ‘s sole discretion and that we have no obligation to provide you with customer support of any kind.

8. Linked Services; Dealings with Third Parties

9. Wireless

10. Dispute Resolution

Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and TEXT BLAST agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.

11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, TEXT BLAST and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “TEXT BLAST Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A TEXT BLAST PARTY, TEXT BLAST PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

12. LIMITATIONS OF OUR LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY TEXT BLAST PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the TEXT BLAST Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Platform).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEXT BLAST PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PLATFORM, YOUR UTILIZATION OF OUR SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TEXT BLAST IN THE PREVIOUS TWELVE (12) MONTHS; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

13. Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE PLATFORM AND OUR PROVISION OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TEXT BLAST OR A LICENSOR OF TEXT BLAST.

14. Feedback You Submit

15. Updates to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable Services to which it applies, shall govern such use (including transactions entered during such use). AS OUR PLATFORM AND OUR SERVICES EVOLVE, THE TERMS OF USE UNDER WHICH WE OFFER THE PLATFORM AND SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PLATFORM OR SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PLATFORM OR UTILIZE OUR SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PLATFORM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PLATFORM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Platform and Services (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Platform and Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Platform and Services.

16. General Provisions

TEXT BLAST makes no guarantee that the subscriber’s voicemail system delivers a missed call notification nor does TEXT BLAST guarantee that the subscriber’s voicemail system will deliver the message to the subscriber.