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End User Terms
The following terms apply to end users of Kona Interactives' ApTxt product.
Kona Interactive - ApTxt Terms of Use
By using Kona Interactive's ApTxt services ("ApTxt Services"), you agree to be bound by the following terms and conditions (the "Terms of Use").
Content provided by ApTxt
The information displayed as query results or scheduled alerts represent the best efforts of ApTxt.
Information provided over ApTxt Services may produce results that some people find objectionable, inappropriate, or offensive.
We cannot guarantee that a message delivered via a ApTxt service will not provide unintended or objectionable content and assume
no responsibility for the content included in by ApTxt's Customers using ApTxt Services.
Unsubscribing
For all subscription services of ApTxt, you can instantly unsubscribe by
texting STOP or STOP ALL to the shortcode you are subscribed to (31622). If you need additional assistance, please call 888-818-8589.
Changes In Terms and Conditions and ApTxt Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.
Charges
Unless expressly noted, all services are offered without charge. Other charges may apply. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of ApTxt services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Submissions
We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or
other communications (collectively, "Comments") sent by you to ApTxt shall be and remain the exclusive property of ApTxt. Your submission of
any such Comments shall constitute an assignment to ApTxt of all worldwide right, title and interest in all
copyrights and other intellectual property rights in the Comments. ApTxt will be entitled to use, reproduce, disclose, publish and
distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. ApTxt expressly disclaims any interest in any Comments that you are not authorized to submit. Of
course, any information you submit which personally identifies you will be subject to our Privacy Policy.
Disclaimer of Warranties
ApTxt disclaims any and all responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material displayed in the ApTxt Services results. ApTxt disclaims
any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any
information or material. ApTxt disclaims any responsibility for any harm resulting from information or material through the ApTxt Services.
THE ApTxt SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ApTxt SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ApTxt AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ApTxt AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ApTxt SERVICES. ApTxt AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ApTxt SERVICES. ApTxt AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ApTxt SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE ApTxt SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ApTxt SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ApTxt SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ApTxt OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE ApTxt SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ApTxt OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ApTxt SERVICES, FROM INABILITY TO USE THE ApTxt SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ApTxt SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ApTxt SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ApTxt SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ApTxt SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ApTxt SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ApTxt SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ApTxt SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ApTxt or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by ApTxt.
Effective Date: November 21, 2006
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