Agreement – this contract between the User and Sunrise Solutions, LLC
Website Owner – Sunrise Solutions, LLC, also referred to herein with the designations: “us,” “we,” and “our.”
User – Persons or entities using our website located at www.textfrog.com. Also referred to herein with the designations “you” and “your.”
Site – Our website located at www.textfrog.com, all affiliated websites, including mobile websites and application, operated by us, our predecessors or successors in interest, or our Affiliates.
Site services – All services that are accessible through the Site.
This Agreement describes your responsibilities and, among other things, limits the liability of Sunrise Solutions LLC and its third-party suppliers or providers (such third parties collectively referred to as the "Service Providers"). BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THIS USER AGREEMENT, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Sunrise Solutions LLC reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions that may be available on textfrog.com.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN SUNRISE SOLUTIONS LLC's SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Sunrise Solutions LLC provides text messaging and call forwarding services. Billing and pricing information is detailed on the website and is subject to change. The User accepts and acknowledges that, while Sunrise Solutions LLC will make all efforts to ensure text messages are timely delivered, Sunrise Solutions LLC will not be held liable for any loss or inconvenience caused by any text messages going undelivered due to any technical or other errors. The User will hold Sunrise Solutions LLC completely blameless for any such errors and/or delivery failures.
While best efforts will be made, Site Owner does not guarantee that Users will be able to access the Site at all times. Site Owner reserves the right to alter, suspend, or discontinue any aspect of the Site or Service at any time, including the availability of any Site or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability and at our sole discretion.
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of Users and/or Sunrise Solutions LLC. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
a) A clear identification of the copyrighted work you claim was infringed.
b) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
c) Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
d) A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
e) A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
f) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
Sunrise Solutions LLC grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to Sunrise Solutions LLC and/or its Service Providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any purpose that is unlawful or prohibited by this Agreement. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
i. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Sunrise Solutions LLC;
ii. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
iii. take any action that imposes, or may impose, in the discretion of Sunrise Solutions LLC, an unreasonable or disproportionately large load on Sunrise Solutions LLC's infrastructure;
iv. Deep-link to any portion of this Site for any purpose.
v. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;
vi. deliver, or provide links to, any postings containing material that could be considered harmful, violent, abusive, insulting, threatening, tortuous, harassing, or hateful;
vii. deliver or provide links to, any postings containing material that harasses, victimizes, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
viii. Deliver or provide links to, any postings containing defamatory, false or libelous material.
ix. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
x. deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
xi. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
xii. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
xiii. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
xiv. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site for legitimate purposes. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You take full legal, financial, or other responsibility for content added to the Site through your account. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Sunrise Solutions LLC reserves the right to cancel any transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
www.textfrog.com must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Site Services would or could reasonably constitute a violation of any law, regulation, rule, or custom. You are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction. Check with laws of your jurisdiction before accessing this site or using any of the Site Services.
To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Sunrise Solutions LLC does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Sunrise Solutions LLC’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
While Sunrise Solutions LLC does not take responsibility for any fraudulent activity on the site, we work diligently to remove fraudulent/malicious profiles as and when they are reported. If you are contacted through TextFrog.com (whether by instant message, chat rooms, messages or otherwise) and believe such contact to be fraudulent/malicious please immediately report the matter to us.
You acknowledge and agree that:
a) We cannot ensure the security or privacy of information you provide through the Internet, email, messaging or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
b) We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
c) We cannot assume any responsibility for the content of any communication sent by any user on the Service, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
d) You acknowledge that you cannot bring legal action against Sunrise Solutions LLC or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
e) Any and all images uploaded to TextFrog.com become property of Sunrise Solutions LLC and may be used by Sunrise Solutions LLC, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to Text Frog may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or Proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. SUNRISE SOLUTIONS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, SUNRISE SOLUTIONS LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SUNRISE SOLUTIONS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SUNRISE SOLUTIONS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
SUNRISE SOLUTIONS LLC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
Sunrise Solutions LLC does not agree to act as your agent or fiduciary in providing services through the Site.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUNRISE SOLUTION LLC, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to defend, hold harmless, and indemnify Sunrise Solutions LLC and our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents (c) failure to comply with this Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
This Agreement, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Sunrise Solutions LLC reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Sunrise Solutions LLC shall not be liable to you or any third-party for any termination of your access to this Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
Accessing materials on this Site by certain persons in certain countries may not be lawful, and Sunrise Solutions LLC makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Sunrise Solutions LLC.
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event of an alleged breach of this Agreement, the parties hereto agree to non-binding mediation as an initial step towards resolving any such issue. A disinterested third-party mediator shall be agreed upon by the parties. It is anticipated that the mediation process will resolve any alleged violations of this Agreement, however, both parties reserve their respective right to initiate appropriate litigation if mediation does not satisfactorily resolve the matter or if a mutually acceptable mediator cannot be chosen by the parties.
To the extent permitted by applicable law, the internal laws of the State of Wyoming shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Wyoming, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.
If you have questions or need assistance, please contact Customer Support at www.TextFrog.com