Compliance with Laws.
Both you and TextInteractions.com will comply with the applicable law relating to each of our respective activities under these Terms,
including privacy and data protection laws and applicable rules established by the Federal Communications Commission.
TextInteractions.com’s failure to enforce at any time any provision of these Terms or our AUP does not waive our right to do so later.
And, if we do expressly waive any provision of these Terms or our AUP, that does not mean it is waived for all time in the future.
Any waiver must be in writing and signed by and us to be legally binding.
You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt to assign, delegate,
or transfer these Terms will be null and void. Subject to the this, these Terms will be binding on both you and TextInteractions.com and
each of our successors and assigns.
You and TextInteractions.com are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is
intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise.
You and TextInteractions.com will be solely responsible for all of our respective employees and agents and our respective labor costs and expenses
arising in connection with our respective employees and agents. You and TextInteractions.com will also be solely responsible for any and all
claims, liabilities or damages or debts of any type that may arise on account of each of our respective activities, or those of each of our
respective employees or agents, in the performance of these Terms. Neither you nor TextInteractions.com has the authority to commit the other
of us in any way and will not attempt to do so or imply that it has the right to do so.
Except as described in Section Agreement to Arbitrate, if any provision of these Terms is held by a court or other tribunal
of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable
and, in any event, the rest of these Terms will continue in full force and effect.
Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail,
return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to TextInteractions.com
shall be copied to support@TextInteractions.com, Attn: General Counsel.
Except as provided in these Terms and any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements,
sales materials or presentations and agreements, oral and written. No oral or written information or advice given by TextInteractions.com,
its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms.
No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent
that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party,
including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot;
theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
We provide our Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of these Terms.
If you (or any of your End Users) are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification,
disclosure, or transfer of our services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by these Terms.
All other use is prohibited and no rights other than those provided in these Terms are conferred. Our services were developed fully at private expense.
Governing Law and Venue.
The enforceability and interpretation of Section Agreement to Arbitrate will be determined by the Federal Arbitration Act (including its procedural provisions).
Apart from Section Agreement to Arbitrate, these Terms will be governed by and interpreted according to the laws of the State of New Mexico
without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods. Except as provided in Section Agreement to Arbitrate, any legal suit, action or
proceeding arising out of or related to these Terms or our Services shall be instituted in either the state or federal courts of Taos County, New Mexico, and we each
consent to the personal jurisdiction of these courts.