Terms and Conditions

Last Updated: 06/01/2021.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this “Agreement” or “Terms”) is a
legal agreement between you and TextSprout (hereinafter “
TextSprout”), a company duly organized and validly existing, located at
10238 Garrison St, Westminster, Colorado 80021. This Agreement
annuls and voids all previous agreements.

OVERVIEW


The Site (www.textsprout.com) is operated by TextSprout. Throughout
the Site, the terms “we”, “us” and “our” refer to TextSprout. TextSprout
offers this Site, including all information, tools and services available
from this Site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms apply to
all users of the Site, including without limitation users who are browsers,
vendors, customers, merchants, and/or contributors of content. In the
event of an inconsistency between this Agreement and any additional
terms or policies referenced herein, the provisions of the additional
terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By
accessing or using any part of the Site, you agree to be bound by these
Terms. If you do not agree to all the Terms of this Agreement, then you
may not access the Site or use any Service. If these Terms are considered
an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also
be subject to the Terms. You can review the most current version of the
Terms at any time on this page. We reserve the right to update, change or
replace any part of these Terms by posting updates and/or changes to our
Site. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Site following the posting of any
changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS


By agreeing to these Terms, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us
your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized
purpose nor may you, in the use of our products or Site, violate any laws
in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate
termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without
giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our
Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any
part of our Site; 4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking
any of these actions.
You understand and agree that our Site may include communications
such as service announcements and administrative or legal notices from
us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Site, use of the Site, or access to the Site or any contact on
the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in
the transfer or sale, create derivative works, or in any way exploit any of
the content, in whole or in part, found on the Site. TextSprout content is
not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission
of TextSprout and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of
TextSprout or our licensors except as expressly authorized by these
Terms.

SECTION 2 – CREATING AN ACCOUNT


Once you create an account with us, you are registered on the
TextSprout Site. The terms “member,” “membership,” and “account” all
refer to this registration as a member on TextSprout’s Site. If you are
merely surfing or browsing through the Site and have not yet created an
account, your use of the Site is still subject to this Agreement; if you do
not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and
email. We will also ask you to create a password. Because any activities
that occur under your username or password are your responsibility it is
important for you to keep your username and/or password secure. You
may not assign or otherwise transfer your account to any other person or
entity. You acknowledge that TextSprout is not responsible for third
party access to your account that results from theft or misappropriation
of your account. Notify us immediately if you believe that someone has
used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands
and agrees to:
a) furnish factual, correct, current and complete information with regards
to yourself as may be requested by the data registration process, and
b) maintain and promptly update you’re registration and profile
information in an effort to maintain accuracy and completeness at all
times.
If anyone knowingly provides any information of a false, untrue,
inaccurate or incomplete nature, TextSprout will have sufficient grounds
and rights to suspend or terminate the member in violation of this aspect
of the Agreement, and as such refuse any and all current or future use of
TextSprout Services, or any portion thereof.

SECTION 3 – CONDUCT


As a user or member of the Site, you herein acknowledge, understand
and agree that all information, text, software, data, photographs, music,
video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility
of the individual from whom the content originated. In short, this means
that you are solely responsible for any and all content posted, uploaded,
emailed, transmitted or otherwise made available by way of the
TextSprout Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly understood that by use
of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss
or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted or otherwise made available by TextSprout.
Furthermore, you herein agree not to make use of TextSprout’s Services
for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to,
any TextSprout officials, forum leaders, guides or hosts or falsely stating
or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content
that you personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any
such content that may infringe upon any patent, copyright, trademark, or
any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any
content that you do not personally have any right to offer pursuant to any
law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers, “junk mail,”
“spam,” or any other form of solicitation, except in any such areas that
may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any
source that may contain a software virus or other computer code, any
files and/or programs which have been designed to interfere, destroy
and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users’ ability to participate
in any real time interactions;
j) interfering with or disrupting any TextSproutServices, servers and/or
networks that may be connected or related to our website, including, but
not limited to, the use of any device software and/or routine to bypass
the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal,
national or international law, including, but not limited to, rules,
guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and
any regulations having the force of law;
l) providing informational support or resources, concealing and/or
disguising the character, location, and or source to any organization
delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration
Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual;
and/or
n) collecting or storing of any personal data relating to any other
member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned paragraphs.
TextSprout herein reserves the right to pre-screen, refuse and/or delete
any content currently available through our Services. In addition, we
reserve the right to remove and/or delete any such content that would
violate the Terms or which would otherwise be considered offensive to
other visitors, users and/or members.
TextSprout herein reserves the right to access, preserve and/or disclose
member account information and/or content if it is requested to do so by
law or in good faith belief that any such action is deemed reasonably
necessary for:
a) compliance with any legal process; b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation
of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of TextSprout, its
visitors, users and members, including the general public.
TextSprout herein reserves the right to include the use of security
components that may permit digital information or material to be
protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by TextSprout or any other
content providers supplying content services to TextSprout. You are
hereby prohibited from making any attempt to override or circumvent
any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done
so in whole or in part, is expressly prohibited.

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE


Due to the global nature of the internet, through the use of our network
you hereby agree to comply with all local rules relating to online
conduct and that which is considered acceptable content. Uploading,
posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States
and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well
as the sanctions control program of the United States (http://
www.treasury.gov/resource- center/sanctions/Programs/Pages/
Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on
any government export exclusion report (http://www.bis.doc.gov/
complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical
data through the use of our network Services to any export-prohibited
country;
c) agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that would be
a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any
other technical data which would be in violation of the U.S. or other
applicable export and/or import laws.

SECTION 5 – SUBMITTED CONTENT


TextSprout shall not lay claim to ownership of any content submitted by
any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and
allow for TextSprout the below listed worldwide, royalty-free and nonexclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly
accessible areas of TextSprout’s Sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall
be available so long as you are a member of TextSprout’s sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for
inclusion on the publicly accessible areas of TextSprout’s sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of
TextSprout’s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the
publicly accessible areas of TextSprout’s sites, the continuous, binding
and completely sub- licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement
or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of
TextSprout’s Sites are those such areas of our network properties which
are meant to be available to the general public, and
which would include message boards and groups that are openly
available to both users and members. However, those areas which are
not open to the public, and thus available to members only, would
include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
TextSprout may provide an area for our user and members to contribute
feedback to our website. When you submit ideas, documents,
suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or
proprietary information;
b ) TextSprout shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any
Contributions;
c) TextSprout shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole
property of TextSprout; and
e ) TextSprout is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.

SECTION 6 – INDEMNITY


All users and/or members agree to insure and hold TextSprout, our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a member or user of our Site
may submit, post, modify, transmit or otherwise make available through
our Services, the use of TextSprout Services or your connection with
these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.

SECTION 7 – COMMERCIAL REUSE OF SERVICES


The member or user herein agrees not to replicate, duplicate, copy, trade,
sell, resell nor exploit for any commercial reason any part, use of, or
access to TextSprout’s sites.

SECTION 8 – MODIFICATIONS

TextSprout reserves the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or
any part thereof, with or without prior notice. In addition, we shall not
be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any
part thereof.

SECTION 9 – TERMINATION


As a member of www.textsprout.com, you may cancel or terminate your
account, associated email address and/or access to our Services by
submitting a cancellation or termination request to .
As a member, you agree that TextSprout may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of
our Services. The cause for such termination, discontinuance, suspension
and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated
agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental
agencies;
c) the discontinuance, alteration and/or material modification to our
Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in
connection with your www.textsprout.com account Services.
Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and or limitations of access for cause shall
be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with www.textsprout.com shall include
any and/or all of the following:
a) the removal of any access to all or part of the Services offered within
www.textsprout.com;
b) the deletion of your password and any and all related information,
files, and any such content that may be associated with or inside your
account, or any part thereof; and
c) the barring of any further use of all or part of our Services.

SECTION 10 – LINKS


Either TextSprout or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are
not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or
liable for any
content, products, advertising or any other materials, on or available
from such third-party sites or resources. Furthermore, you acknowledge
and agree that TextSprout shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused
or allegedly to be caused by or in connection with the use of or the
reliance on any such content, goods or Services made available on or
through any such site or resource.

SECTION 11 – PROPRIETARY RIGHTS


You do hereby acknowledge and agree that TextSprout’s Services and
any essential software that may be used in connection with our Services
(“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which
may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as
authorized by TextSprout or such applicable licensor, you agree not to
alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based
on TextSprout
Services (e.g. Content or Software), in whole or part.
TextSprout hereby grants you a personal, non-transferable and nonexclusive
right and/or license to make use of the object code or our
Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize
work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the
Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for
the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by TextSprout
for use in accessing our Services.

SECTION 12 – WARRANTY DISCLAIMERS


YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF TEXTSPROUT SERVICES AND SOFTWARE ARE
AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE”
BASIS. TEXTSPROUT AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b ) TEXTSPROUT AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
SUCH WARRANTIES THAT (i) TEXTSPROUT SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
TEXTSPROUT SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH
MAY BE OBTAINED FROM THE USE OF THE TEXTSPROUT
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES
OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE
SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF TEXTSPROUT SERVICES
OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
TEXTSPROUT OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE
SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE
CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR
SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED
EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF
YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.

SECTION 13 – LIMITATION OF LIABILITY


YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE
THAT TEXTSPROUT AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF
SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON
OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE
RELATED TO OUR SERVICE.

SECTION 14 – RELEASE


In the event you have a dispute, you agree to release TextSprout(and its
officers, directors, employees, agents, parent subsidiaries, affiliates, cobranders,
partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected or unsuspected, disclosed and undisclosed, arising
out of or in any way connected to such dispute.

SECTION 15 – NOTICE


TextSprout may furnish you with notices, including those with regards to
any changes to the Terms, including but not limited to email, regular
mail, MMS or SMS, text messaging, postings on our website Services,
or other reasonable means currently known or any which may be herein
after developed. Any such notices may not be received if you violate any
aspects of the Terms by accessing our Services in an unauthorized
manner. Your acceptance of this Agreement constitutes your agreement
that you are deemed to have received any and all notices that would have
been delivered had you accessed our Services in an authorized manner.

SECTION 16 – INTELLECTUAL PROPERTY RIGHTS


You herein acknowledge, understand and agree that all of the
TextSprout trademarks, copyright, trade name, service marks, and other
TextSprout logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of
TextSprout. You herein agree not to display and/or use in any manner the
TextSprout logo or marks without obtaining TextSprout’s prior written
consent.
TextSprout will always respect the intellectual property of others, and
we ask that all of our users do the same. With regards to appropriate
circumstances and at its sole discretion, TextSprout may disable and/or
terminate the accounts of any user who violates our Terms and/or
infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement,
or if you believe your intellectual property rights have been otherwise
violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other intellectual
property interest;
b) A description of the copyrighted work or other intellectual property
that you believe has been infringed upon;
c) A description of the location of the site which you allege has been
infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of
your work is not authorized by the copyright owner, its agents or the
law;
f) And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and
that you are the copyright or intellectual property owner, representative
or agent authorized to act on the copyright or intellectual property
owner’s behalf.

The TextSprout agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:

Mailing Address:
TextSprout
Attn: Copyright Agent
10238 Garrison St Westminster, Colorado 80021
Telephone: 720-217-1598
Email: sales@textsprout.com

SECTION 17 – ENTIRE AGREEMENT


This Agreement constitutes the entire agreement between you and
TextSprout and shall govern the use of our Services, superseding any
prior version of this Agreement between you and us with respect to
TextSprout Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other
TextSprout Services, affiliate Services, third-party content or third-party
software.

SECTION 18 – CHOICE OF LAW AND FORUM


It is at the mutual agreement of both you and TextSprout with regard to
the Agreement that the relationship between the parties shall be
governed by the laws of the state of Colorado without regard to its
conflict of law provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the Agreement, or the
relationship between you and TextSprout, shall be filed within the courts
having jurisdiction within the County of Jefferson County, Colorado or
the U.S. District Court located in said state. You and TextSprout agree to
submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over
the parties by such courts and to venue in such courts.

SECTION 19 – WAIVER AND SEVERABILITY OF TERMS


At any time, should TextSprout fail to exercise or enforce any right or
provision of the Agreement,
such failure shall not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force
and effect.

SECTION 20 – NO RIGHT OF SURVIVORSHIP NON- TRANSFERABILITY


You acknowledge, understand and agree that your account is nontransferable
and any rights to your ID and/or contents within your
account shall terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents
therein permanently deleted.

SECTION 21 – STATUTE OF LIMITATIONS


You acknowledge, understand and agree that regardless of any statute or
law to the contrary, any claim or action arising out of or related to the
use of our Services or the Agreement must be filed within 3 year(s) after
said claim or cause of action arose or shall be forever barred.

SECTION 22 – VIOLATIONS


Please report any and all violations of this Agreement to TextSprout as
follows:
Mailing Address:
TextSprout
10238 Garrison St Westminster, Colorado 80021
Telephone: 720-217-1598 Email: sales@textsprout.com

SECTION 23 – GOVERNMENT REQUESTS


In order to cooperate with governmental requests, subpoenas or court
orders, to protect our systems, or to ensure the integrity and operation of
our business and systems, we may access and disclose any information
we consider necessary or appropriate, including and without limitation,
your information, IP address, and usage history. Our right to disclose any
such information is governed by the terms of our Privacy Policy.

SECTION 24 – FOREIGN ACCESS OF SITE


The Site is controlled, operated and administered by TextSprout from
our offices within the USA. If you access the Site from a location
outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use TextSprout’s content accessed through
the Site in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.

SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our Site that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information on the Site or on any related Site is
inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information on
the Site or on any related Site, including without limitation, pricing
information, except as required by law. No specified update or refresh
date applied on the Site or on any related Site, should be taken to
indicate that all information on the Site or on any related Site has been
modified or updated.

SECTION 26 – PRIVACY POLICY


Every member’s registration data and various other personal information
are strictly protected by the TextSprout Online Privacy Policy (see the
full Privacy Policy at ). As a member, you herein consent to the
collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by TextSprout and/or our subsidiaries and affiliates.