Terms of Use


Please read this Terms of Use agreement (the “Agreement”) carefully. Your access to or use of the Site (as defined below) constitutes your agreement to be bound by this Agreement.

This Agreement is between you and GovDelivery, Inc. (referred to below as “Company,” “we,” and “us”) concerning your use of the website located at www.textizen.com from which you are accessing this Agreement (together with any successor site(s), the “Site”).

1. Acceptance of Terms. By accessing or using the Site or by checking a box or clicking an “I AGREE” or similar button, you agree to the terms of this Agreement and to any additional rules and guidelines that we may post on the Site. We may make changes to this Agreement (and to any such additional rules and guidelines) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and Company arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Jurisdictional Issues. The Site is controlled and/or operated from the United States, and is not intended to subject Company to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

3. Information Submitted Through the Site. Your submission of information through the Site or in connection with any services offered by us is governed by Company's Privacy Policy, which is located at textizen.com/privacy (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

4. Rules of Conduct. While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set forth in this Section 4; your failure to comply with any such rule may result in termination of your access to or use of the Site (or any part thereof) pursuant to Section 15 below. You agree that you will not:

You also acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, networking and computer hardware, equipment and services needed to access and use the Site, and paying all related charges.

5. Registration; User Names and Passwords. You may need to register to use all or part of the Site. You represent and warrant that all information submitted to Company or its affiliates in connection with such registration is complete and accurate. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.

6. Forums. We and/or our service providers may make available through the Site certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a "Forum").

Information contained in Forums may be provided by employees of Company as well as by third-party visitors to the Site. Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers and service providers (collectively with Company, the “Company Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the Company Entities are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.

In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

7. Submissions. The Site may make available certain functionality (such as Forums) through which you are able to post or send information and materials (each, a “Submission”). For purposes of clarity, unless otherwise agreed in any other agreement between you and us, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. You represent and warrant that your Submissions are complete and accurate, and are not fraudulent, tortious or in violation of any applicable laws or of the rights of any third parties.

8. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.

9. Company's Proprietary Rights. We and/or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Our trade names, trademarks and service marks include, without limitation, Textizen, Textizen.com, GovDelivery, Inc., and any associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks without our prior written consent. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.

10. Transactions. Unless we expressly provide otherwise, any and all purchases made through the Site, any and all services and products made available through the Site, and your use of such services and products, are subject to additional terms including, without limitation, a Services Agreement, in addition to this Agreement. References to any services or products on the Site do not imply our endorsement of such services or products.

11. Third Party Content. The Site may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our affiliates, or our or their respective directors, officers, employees, agents, representatives, licensors or providers with respect to any Third Party Content.

12. Links to or From Other Sites. The Site may provide links to or feeds from websites and other online resources. Except as otherwise expressly stated by us on the Site, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the Site. Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the Site. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the Site, because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH RESOURCES.

Company shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.

13. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

14. DISCLAIMERS; LIMITATION OF LIABILITY. THE SITE AND ANY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU "AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE COMPANY ENTITIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.

NONE OF THE COMPANY ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE EQUAL TO THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO COMPANY IN EXCHANGE SOLELY TO ACCESS AND USE THE SITE.

It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Please note that information on this Site may occasionally be inaccurate, incomplete or out of date. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at legal@textizen.com with a description of the material(s) at issue and the URL or location of such material(s). We make no representation as to the completeness, accuracy or currentness of any information on this Site.

15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Company Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement or applicable law by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

16. Termination. This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Site, your user name and password and/or any files or information associated with your user name, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including if you repeatedly engage in copyright infringement via or in connection with the Site). Upon any such termination, your right to use the Site will immediately cease. You agree that the Company Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 6–9, 11, 13–16 and 20–21 shall survive any expiration or termination of this Agreement.

17. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available online at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Notwithstanding anything to the contrary, if you and Company have executed a Services Agreement, the Governing Law provision in the Services Agreement will govern the Services Agreement, which incorporates this Agreement and the Privacy Policy by reference; this Section 17 will not be applicable.

18. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to legal@textizen.com.

19. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.

20. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to legal@textizen.com You may also contact us by writing to 155 9th St, San Francisco, CA 94103 or by calling us at (215) 720-1636. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Alexander Yule, 155 9th St, San Francisco, CA 94103, or by email at alex@textizen.com or at (415) 237-3666. We suggest that you consult your legal advisor before submitting a notice or counter-notice.

22. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof. The term “including” as used herein means “including without limitation.” This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter, but expressly excluding any Services Agreement entered into between you and Company. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any of Company’s obligations due to causes beyond its control.

Site © 2015 GovDelivery, Inc., unless otherwise noted. All rights reserved.