Terms of Use

Txtstation Global Limited

Privacy Policy

Txtstation Platform Terms of Use

September 18, 2007

0. Introduction; Your Agreement to these Terms of Use.

Welcome to the Txtstation Global Limited ("Txtstation") interactive service, consisting of the website (“www.txtstation.com”), services, applications and networks owned, controlled, or offered by Txtstation (collectively, the "Txtstation Platform").
The following Terms of Use is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("You" or, collectively, "Users"), and Txtstation regarding Your use of the Txtstation Platform. Please read carefully the following Terms of Use as they are intended for the mutual benefit of both Txtstation and you and govern the terms of your use of the Txtstation Platform.
By registering for, accessing, browsing, downloading or using the Txtstation Platform, you agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the “Agreement”). If at any time you do not agree to THIS AGREEMENT, please terminate your use of the Txtstation Platform.

1. Eligibility.

The Txtstation Platform is not available to persons under the age of 18 or to any users previously suspended or removed from the Txtstation Platform by Txtstation. By using the Txtstation Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Txtstation Platform.
If you are using or opening an account on the Txtstation Platform on behalf of a company, entity, or organization (collectively, a “Subscribing Organization”) then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement and agree to be bound to this Agreement on behalf of such Subscribing Organization.

2. Privacy.

Your privacy is important to Txtstation. Txtstation's Privacy Policy is hereby incorporated into this Agreement by reference: please read this policy carefully for information relating to Txtstation's collection, use, and disclosure of your personal information. 

3. Individual Features and Services.

When using the Txtstation Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into this Agreement.

4. Modification of these Terms.

Txtstation reserves the right, at our discretion, to modify this Agreement at any time.  Please check this Agreement (including any Guidelines) periodically for changes. Your continued use of the Txtstation Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, such amended terms will automatically be effective thirty days after they are initially posted on the Txtstation Platform. 

5. Fees.

6. Digital Millennium Copyright Act.

It is Txtstation's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Txtstation will promptly terminate without notice the accounts of publishers that are determined by Txtstation to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Txtstation Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Txtstation's Designated Copyright Agent with the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Txtstation Service are covered by a single notification, a representative list of such works on the applicable Txtstation Service; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Txtstation to locate the material; (iv) information reasonably sufficient to permit Txtstation to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content."). Please consult your legal counsel or see 17 U.S.C. Section 512 to confirm these requirements.
Txtstation’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Level 1, 98 Anzac Ave., Auckland, 1001, New Zealand or by email at copyright@txtstation.com. For clarity, only DMCA notices should go to the Txtstation Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Txtstation customer service through support@txtstation.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

7. Content License Grant; Representations and Warranties.

7.1 License Grant to Txtstation.

By uploading ratings, reviews, comments or other content (“Contributor Submission”) to the Txtstation Platform, you hereby grant to Txtstation a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Contributor Submissions (and any copyrights, publicity, database and other proprietary rights therein), in any media formats and through any media channels, in order to distribute, promote or advertise Contributor Submission or the Txtstation Platform.

7.2 Your Representations and Warranties.

You are solely responsible for your Contributor Submissions and the consequences of posting or publishing it. By uploading and publishing Contributor Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Txtstation and Txtstation's Users to use and distribute your Contributor Submissions as necessary to exercise the licenses granted by You in this Agreement and in the manner contemplated by Txtstation and this Agreement; (2) your Contributor Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your Contributor Submissions does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. Txtstation reserves all rights and remedies against any Users who violate this Agreement.  

7.3 Contributor Submissions Disclaimer.

You understand that when using the Txtstation Platform you will be exposed to Contributor Submissions from a variety of sources, and that Txtstation is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Contributor Submissions. You further understand and acknowledge that you may be exposed to Contributor Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Txtstation with respect thereto. Txtstation does not endorse any Contributor Submissions or any opinion, recommendation or advice expressed therein, and Txtstation expressly disclaims any and all liability in connection with Contributor Submissions. If notified by a User or a content owner of a Contributor Submission that allegedly does not conform to this Agreement, Txtstation may investigate the allegation and determine in its sole discretion whether to remove the Contributor Submission, which it reserves the right to do at any time and without notice.
8. No Agency; Taxes
Nothing in this Agreement shall in any way be construed to constitute you as an agent, employee or representative of Txtstation.  You are solely responsible for compliance with any state or federal tax law, tax law of any country, or any applicable international tax treaty.

9. Prohibited Conduct.

BY USING THE TXTSTATION PLATFORM YOU AGREE NOT TO:

9.1 use the Txtstation Platform for any purposes other than to access services as such services are offered by Txtstation;

9.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 13, below);

9.3 post, upload, or distribute any defamatory, libelous, or knowingly inaccurate Contributor Submission or other content;

9.4 post, upload, or distribute any Contributor Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Txtstation Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Txtstation Platform, or perform any other similar fraudulent activity;

9.6 except with respect to your own Contributor Submissions, delete the copyright or other proprietary rights notices on any Contributor Submissions;

9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Txtstation Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

9.9 use the Txtstation Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

9.10 defame, harass, abuse, threaten or defraud Users of the Txtstation Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.11 except for with respect to your own Contributor Submissions and except unless otherwise agreed to in a writing signed by Txtstation, use the content on the Txtstation Platform for any commercial use (it being understood that the content available on the Txtstation Platform is for personal, non-commercial use only);

9.12 use the Txtstation Platform if you are under the age of eighteen (18) years old or if you have been previously suspended or removed from the Txtstation Platform;

9.13 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Txtstation Platform, features that prevent or restrict use or copying of any content accessible through the Txtstation Platform, or features that enforce limitations on the use of the Txtstation Platform;

9.14 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Txtstation Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

9.15 except for with respect to your own Contributor Submissions, modify, adapt, translate or create derivative works based upon the Txtstation Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or

9.16 intentionally interfere with or damage operation of the Txtstation Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Txtstation reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Txtstation Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

10. Account and Password

The Txtstation services are not available to persons under the age of 18 or to any Users suspended or removed from the Txtstation Platform by Txtstation. When you use the Txtstation Platform to upload and/or download content, services, or information from Txtstation, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Txtstation on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Txtstation. You may be liable for the losses incurred by Txtstation or others due to any unauthorized use of your Txtstation Platform account.

11. Third-Party Sites, Products and Services; Links.

The Txtstation Platform may include links to other web sites or services solely as a convenience to Users. Txtstation does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Txtstation makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Txtstation Platform are solely between you and such advertiser. You agree that Txtstation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Txtstation Platform.
Parties other than Txtstation may provide services or sell products via the Txtstation Platform. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Txtstation does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if Txtstation handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Txtstation will have no liability with respect thereto.

12. Termination; Terms of Use Violations.

12.1 Txtstation.

You agree that Txtstation, in its sole discretion, for any or no reason, without notice and without penalty, may suspend or terminate any account (or any part thereof) you may have with Txtstation or your use of the Txtstation Platform and remove and discard all or any part of your account, User profile, and any Contributor Submission, at any time. Txtstation may also in its sole discretion and at any time discontinue providing access to the Txtstation Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Txtstation Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Txtstation will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Txtstation may have at law or in equity. As discussed herein, Txtstation does not permit copyright infringing activities on the Txtstation Platform, and will terminate access to the Txtstation Platform, and remove all Contributor Submissions or other content submitted by any Users who are found to be repeat infringers. Upon termination for any reason, you agree to immediately stop using the Txtstation Platform.

12.2 You.

If you are dissatisfied with the Txtstation Platform, please let us know by contacting us at support@txtstation.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Txtstation Platform, (ii) any term of this Agreement, (iii) any policy or practice of Txtstation in operating the Txtstation Platform, or (iv) any content or information transmitted through the Txtstation Platform, is to terminate this Agreement and your account. You may terminate this Agreement at any time by discontinuing use of any and all parts of the Txtstation Platform.

13. Ownership; Proprietary Rights.

The Txtstation Platform is owned and operated by Txtstation. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Txtstation Platform provided by Txtstation (the "Materials") are protected by applicable laws. Except for any information provided in connection with Assignments that are provided and owned by Assigning Companies, all Materials contained on the Txtstation Platform are the property of Txtstation or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Txtstation or its affiliates and/or third-party licensors. Except as expressly authorized by Txtstation, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Txtstation reserves all rights not expressly granted in this Agreement.

14. Indemnification.

You agree to indemnify, save, and hold Txtstation, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, licensees, Assigning Companies and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of: (i) your use or misuse of the Txtstation Platform; (ii) any violation by you of this Agreement; (iii) any claims, liabilities, or expenses relating to compensation, tax, insurance, or benefit matters; and (iv) any breach of the representations, warranties, and covenants made by you herein or any third-party claim inconsistent with any of the foregoing. Txtstation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Txtstation, and you agree to cooperate with Txtstation's defense of these claims. Txtstation will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15. Disclaimers; No Warranties. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TXTSTATION, AND ITS AFFILIATES, PARTNERS, ASSIGNING COMPANIES, AND SUPPLIERS (“TXTSTATION PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TXTSTATION OR THROUGH THE TXTSTATION PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 15, THE TERM TXTSTATION INCLUDES THE TXTSTATION PARTIES’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE TXTSTATION PLATFORM IS AT YOUR SOLE RISK. THE TXTSTATION PLATFORM AND ANY DATA, INFORMATION, CONTRIBUTOR SUBMISSIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TXTSTATION PLATFORM (“TXTSTATION OFFERINGS”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.  NO WARANTY IS MADE THAT THE TXTSTATION OFFERINGSWILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND NO WARRANTY IS MADE THAT ANY OF THE FOREGOING WILL BE CORRECTED, OR IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

16. Limitation of Liability and Damages.

16.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE TXTSTATION PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS, THE TXTSTATION OFFERINGS, THE CONTRIBUTOR SUBMISSIONS, OR ANY OTHER INTERACTIONS WITH TXTSTATION, EVEN IF TXTSTATION OR AN TXTSTATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Limitation of Damages.

IN NO EVENT WILL ANY OF THE TXTSTATION PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TXTSTATION PLATFORM, YOUR CONTRIBUTOR SUBMISSIONS OR YOUR INTERACTION WITH OTHER TXTSTATION PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNTS PAYABLE TO YOU, IF ANY FOR ACCEPTED CONTRIBUTOR SUBMISSIONS, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

17. Limitations by Applicable Law; Basis of the Bargain

17.1 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

17.2 Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT TXTSTATION HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TXTSTATION, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TXTSTATION. TXTSTATION WOULD NOT BE ABLE TO PROVIDE THE TXTSTATION PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

18. United States Export Controls.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Agreement are contingent on your compliance with this provision.

19. Miscellaneous.

19.1 Notice.

Txtstation may provide you with notices, including those regarding changes to Txtstation's terms and conditions, by email, regular mail, text or SMS, or postings on the Txtstation Platform. Notice will be deemed given twenty-four hours after email is sent, unless Txtstation is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Txtstation Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Txtstation Platform is deemed given 30 days following the initial posting. You may provide Txtstation with notice through the physical address listed in Section 19.9, below.

19.2 Waiver.

The failure of Txtstation to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Txtstation.

1. 19.3 Dispute Resolution.
2. If a dispute arises between you and Txtstation, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Txtstation agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
3. a) Choice of Law; Forum. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Txtstation must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
4. b) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5. c) Improperly Filed Claims. All claims You bring against Txtstation must be resolved in accordance with this Section 19.3 (Dispute Resolution). All claims filed or brought contrary to this Section 19.3 (Dispute Resolution) shall be considered improperly filed. Should You file a claim contrary to this Section 19.3 (Dispute Resolution), Txtstation may recover attorneys' fees and costs up to $1000, provided that Txtstation has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.

19.4 Severability.

If any provision of this Agreement or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19.5 Assignment.

This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Txtstation without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

19.6 Survival.

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 6, and 7-19. 

19.7 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.

19.8 Entire Agreement.

This is the entire agreement between you and Txtstation relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Txtstation as set forth in Section 4 and 5 above.

19.9 Disclosures.

The services are offered by Txtstation Global Limited located at: Level 1, 98 Anzac Ave., Auckland, 1001, New Zealand and email: support@txtstation.com. If you are a California resident, you may have the same information emailed to you by sending a request for this information to the foregoing physical or email address.