Terms of Use

1. ACCEPTANCE OF TERMS

TXTio.com by ShowMeLocal Inc. ("TXTio") provides an easy-to-use solution for businesses to create lists of mobile subscribers and send bulk text messages to subscribed customers’ mobile phones ("SERVICES"). By using the SERVICES in any way, you agree to comply with the Terms of Use ("TERMS OF USE"). Should you object to any term or condition of the TERMS OF USE, any guidelines, or any subsequent modifications thereto or become dissatisfied with TXTio in any way, your only recourse is to immediately discontinue use of TXTio.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve rights, at our sole discretion, to modify, change or alter any terms and conditions specified in this agreement, effective immediately. You should periodically review "TERMS OF USE". You can find the most current version at:

http://txtio.com/tou.aspx

3. TXTIO SERVICE DESCRIPTION

TXTio provides an easy-to-use solution for businesses to create lists of mobile subscribers and send bulk text messages to subscribed customers’ mobile phones. We reserve the right to introduce new and/or modify existing features without notice. We reserve the right to terminate any of the existing features without notice. TXTio employs on-line and off-line tools and techniques to promote its Services. In order to use Services you should be at least 18 year old and comply with current TERMS OF USE. In order to access our Services you have to have access to the World Wide Web, text message service on a cell phone or any application that supports sending/receiving text messages and have appropriate equipment. We are not responsible for any charges or fees that are required in order to connect to the website as well as standard text rates that apply by your mobile provider. TXTio reserve the right to terminate any user account and/or business profile without notice.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

Being registered user of the site (user) and providing third party content you agree that

• TXTio does not screen, verify or approves any of supplied content.
• TXTio cannot be held responsible for to any of the content supplied by User.
• User grants non-exclusive, royalty-free, non-revocable rights to TXTio and its affiliates to display, re-produce, re-format, modify and distribute uploaded content within the boundaries specified by this agreement. TXTio reserves the right to to incorporate your content into the services and technologies that it may develop in the future.
• User agrees that TXTio can block any part of content at any time.
• User agrees that content supplied to the site is not confidential and in compliance with any of used third party user agreements and state laws.
• TXTio does not necessarily shares views and opinions of the site users.

5. REGISTRATION

To use some portions of the site you are required to be a registered User. By registering you agree to the following:

• provide accurate, truthful information about your identity including first and last name, date of birth, gender as well as your contact information. If you are registering a business you agree that you are an owner of this business or have all legal rights to represent this business and you can support this by providing appropriate documentation if the need arises.
• By registering with the site you agree that TXTio reserves right to terminate you password, account and business information if it is found that you provided false information and/or your actions violate the current agreement. Please note that termination fee of 1000 USD can be assessed to offset liquidation costs. TXTio will notify you in writing in the event such a fee is assessed. TXTio will notify you in writing in the event such a fee is assessed.

6. PRIVACY POILCY

TXTio has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://txtio.com/privacy.aspx

Your use of the TXTio website or the SERVICES signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that TXTio may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the "TERMS OF USE"; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TXTio, its users or the general public.

7. CONDUCT

You agree that by supplying content that includes: business information, photos, images, sound and video files, coupons, sales, promotions, advertisement, job postings and any other content you automatically (unless otherwise stipulated) agree to the following:

• not to post any abusive, harassing, inappropriate, privacy invasive, offensive, unlawful, discriminative, hateful and debilitating content;
• not to post any pornographic material, nudity, sexually explicit content, violent or offensive material, copyrighted images and images of other people without their permission;
• not to impersonate any business, registered and un-registered user or employee of the TXTio including content, web-site postings, user communications via web site, email, phone or fax;
• not to post content that inappropriate for minors;
• not to use TXTio online tools or any portion of the site for purposes other than promotion of business content;
• not to post or upload any software modules that contains viruses, harmful or potentially harmful scripts that may result in service interruption or damage to TXTio equipment or software as well as users of the site;
• not to share secrets, trademark or copyrighted material, trade secrets or other proprietary rights of any party that you don't have rights to;
• not to post content that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
• not to post content with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
• not to post content that is false, deceptive, misleading, deceitful and false-informative;
• not to violate intentionally or unintentionally any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• not to "stalk" or otherwise harass anyone.
• not to collect and distribute personal data about other users for commercial or unlawful purposes without obtaining permission from those users;
• not to spam;
• not to sell, exchange or share subscribed phone numbers with 3rd parties

TXTio cannot be held reliable for any content supplied by the user.

8. POSTED CONTENT (TEXT MESSAGES)

You understand that all posted content (text messages) that can include deals, promotions, jobs posting, news alerts and etc. found on the site or received on your mobile device by utilizing our TXTio are solely between you and business providing such content. In no way should you hold TXTio reliable for execution of or fulfillment of such promises, nor for any damages, physical or mental, that occur by consumption of products and (or) services of the content provider. User should carefully review all information supplied by business and verify with business if such information is correct. Business providing such content must indemnify TXTio from any claims from user in case of dissatisfaction with services provided by business.

9. FEES and PREMIUM SERVICES

• Valid credit card is required.
• Services are billed in advance.
• You can cancel your account at any time.
• We do not refund/prorate/issue partial refunds for unused balance.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• ShowMeLocal Inc. will appear on your billing statement.

10. CONTENT SHARING (DISTRIBUTION)

TXTio provides sharing of your content with the sites of your choice. Please note that for some services like Facebook or Twitter your explicit authorization is required. Once you decided to remove content from TXTio site, it is your responsibility to remove posted content from the sites you selected to share content with.

11. SEARCH ENGINES

TXTio employs Search Engine Optimization (SEO) technique to make your content discoverable via search engines. We are not responsible for the way your content is presented in the search engines results. We do not guarantee that your content will be included in the search engines’ indexes. By terminating your account with TXTio or removing any portion of content TXTio does not guarantee that search engines will exclude your content from their indexes. Accounts that are set as Private are not included in search engine distribution. Changing account from public to private does not guarantee that search engines will exclude your content from their indexes.

12. ACCOUNT PHONE

Upon registration of your account we provide your account with a local phone number based on the area code your have selected. Please note that availability of the phone numbers varies and phone number availability in certain area codes is determined by the overall demand.

13. ACCOUNT CLOSURE/LIQUIDATION

You can close your account at any time. If you choose to close your account please note that all of your data will be permanently destroyed and your account phone number immediately released. We do not refund/prorate/issue partial refunds for unused balance. We will release your account phone number if your account has a zero or negative balance for more than 1 (one) month.

14. LINKS

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

15. PROPRIETARY RIGHTS

All Content presented to you through the SERVICES by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorized by us, the advertiser, the provider or third party in question. You are not permitted to copy, reproduce, distribute, or create derivative works from our SERVICES as well as Content and Software without written authorization from us, the advertiser, the provider or third party in question. In no way can you duplicate or modify functionality of the site, copy and use design or design elements, obtain and (or) distribute source code, modify existing modules for your private or commercial use.

16. DISCLAIMER OF WARRANTIES

1. YOU AGREE THAT USE OF THE TXTio SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE TXTio SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
2. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
3. TXTIO DOES NOT WARRANTY THAT (A)SITE IS FREE OF ERRORS, (B)SERVICES IS RELIABLE AND UNINTERRUPTED, (C)YOUR PARTICIPATION ON THE SITE WILL INCREASE YOUR REVENUE, (D) ALL TOOLS AND UTILITIES OF THE SITE ARE FULLY MEETING YOUR EXPECTATIONS.
4. WE NOT WARRANTY THAT CONTENT PROVIDED BY USER IS RELIABLE AND ACCURATE AS WELL AS SAFE FOR DOWNLOAD BY USER TO USER'S EQUIPMENT. TXTIO IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR TO THE USER'S EQUIPMENT BY USING THE SITE, INCLUDING HARDWARE AND SOFTWARE OF THE USER'S EQUIPMENT.

17. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL TXTIO, ITS AFFILIATES, AGENTS, SUPPLIERS, PARTNERS, INFORMATION PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES, LOST REVENUES, OR DAMAGES RESULTING FROM LOST DATA, INCONVENIENCE OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TXTIO OR SUCH OTHER PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TXTIO OR THE AFOREMENTIONED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE ON THE WEBSITE OR ANY OF ITS CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE WEBSITE EXCEED ONE DOLLAR ($1.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

18. INDEMNITY

You agree to indemnify and hold TXTio, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the SERVICES, your use of the SERVICES, your violation of the "Terms of Use", your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The "Terms of Use" constitute the entire agreement between you and TXTio and govern your use of the SERVICES, superseding any prior agreements between you and TXTio. The "TERMS OF USE" and the relationship between you and TXTio shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TXTio agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Brooklyn, New York. The failure of TXTio to exercise or enforce any right or provision of the "TERMS OF USE" shall not constitute a waiver of such right or provision. If any provision of the "TERMS OF USE" is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the "TERMS OF USE" remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICES or the "TERMS OF USE" must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATIONS

Please report any violations of the "TERMS OF USE" by emailing to:
contact[at]txtio.com with the subject "violation of tou"

21. FEEDBACK

We welcome your feedback. Send your feedback to contact[at]txtio.com.