(i) Welcome to TextJump.com (the "Site"). TextJump.com provides website to cell phone SMS delivery service (the “Service?).

(ii) Your use of the Service is subject to the following Terms of Service ("TOS"), which may be revised at any time by TextJump with or without notice to you. Your continued use of the Service constitutes your binding acceptance of any changes to these TOS.

(iii) Unless explicitly stated otherwise herein, any new features that augment or enhance the current Service are subject to these TOS. TextJump may also offer services other than the Service. These TOS may or may not apply to such other services as may be indicated on the Site or otherwise.

(iv) By using the Service, you evidence your complete and unqualified acceptance of these TOS, which creates a binding contract between us with respect to your duty to comply with these TOS.

(v) TextJump reserves the right to modify, revise, suspend or discontinue the Service in whole or in part, either temporarily or permanently, with or without notice to you, and TextJump is not obligated to support or update the Service in any manner. TextJump shall have no liability to anyone if it exercises its unfettered right to modify, revise, suspend or discontinue the Service at its sole discretion.

(vi) Your rights to access and use the Service are at the sole discretion of TextJump, and the rights granted herein constitute a limited, non-exclusive license to access and use the Service per these TOS. This license may be suspended, revoked or terminated by TextJump either temporarily or permanently at any time with or without notice to you.

2. Message Content & Service Conditions.

(i) The Service permits you and other users of the Service (individually, a "User" and collectively, the “Users?) to send and receive SMS messages on cell phones based on the cell phone number of the recipient. For purposes of these TOS, the term “Users? shall include both senders and recipients of messages transmitted or attempted to be transmitted via the Service.

(ii) The content of messages transmitted by Users does not reflect the opinions of TextJump and TextJump neither represents nor endorses the legality, accuracy, timeliness, quality or reliability of any advice, opinion, statement, information or other matter displayed or transmitted via the Service by Users, advertisers or other third parties. Any reliance by you upon any such information is entirely at your sole risk.

(iii) TextJump assumes no responsibility or liability of any nature whatsoever for: (a) the content of any messages transmitted via the Service; or (b) any decisions, indecisions, activities, actions, inactions or events that may result or take place as a consequence of any message transmitted or failed to be transmitted via the Service.

(iv) You agree that all content transmitted via the Service is the sole responsibility of the person from which such content originated, and as a result, you (and not TextJump) are solely responsible for all content that you transmit or attempt to transmit via the Service.

(v) You understand that by using the Service, you could be exposed to content in messages that you might consider to be offensive or objectionable. Under no circumstances is TextJump liable in any way for the content of any messages transmitted via the Service.

(vi) TextJump does not monitor, review or control the content of the messages transmitted via the Service and has no obligation to do so, but reserves the right to do so at any time with or without notice to you.

(vii) TextJump may edit, remove altogether or refuse to send or deliver all or part of any message, which at TextJump’s sole discretion, is or could be in violation of these TOS or any applicable law.

(viii) Additionally, TextJump reserves the right, at its sole discretion, to add promotional messages and/or notices about the Service, the Site or related matters in all or some of the messages transmitted via the Service.

(ix) In no event whatsoever may a User use the Service to:

(a) Restrict or inhibit any other User from using and enjoying the Service;

(b) Transmit any content constituting or resembling spam, junk mail, chain letters, bulk e-mail, pyramid schemes or other such solicitations;

(c) Transmit any content that contains advertising, or promotional or marketing materials without the prior written permission of TextJump;

(d) Transmit any content that is or could be considered unlawful, threatening, harassing, hateful, racist, abusive, libelous, defamatory, pornographic, obscene, profane, vulgar, racially or ethnically offensive, morally objectionable, indecent or otherwise inappropriate, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;

(e) Transmit any content that violates or infringes upon the legal rights of others, including but not limited to content that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary rights without first obtaining written permission from the owner or rights holder;

(f) Transmit any content that is harmful or could be harmful to minors;

(g) Transmit any content in an attempt to “stalk? another person;

(h) Transmit any content that contains a bug, worm, virus or other computer code or programming that could harm, interrupt, destroy or limit the functionality of any network, server, computer software or hardware, or telecommunications equipment;

(i) Transmit any content by which you are: (I) impersonating another person or entity; (II) misrepresenting your affiliation or relationship with another person or entity; or (III) manipulating identifiers in order to disguise the origin of any message transmitted through the Service;

(j) Transmit any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or

(k) Transmit any content that intentionally or unintentionally violates or could violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and the United States State Department.

(x) You acknowledge and agree that TextJump may make and preserve copies of messages transmitted via the Service for internal back-up and legal or business purposes.

(xi) TextJump may publicly disclose the identity of any User violating these TOS and/or disclose the content of any messages sent via the Service, when TextJump believes in good faith that such disclosure is required by law or is necessary to protect the rights or property of TextJump, its partners, advertisers, other Users or third parties.

(xii) You understand that delivery of messages via the Service may involve transmissions over various networks, and that the messages could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks.

(xiii) You agree that TextJump, at its sole discretion, may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may sent by a User and/or the maximum size of any message that may transmitted via the Service.

(xiv) You agree that TextJump has no responsibility or liability whatsoever for the failure to transmit any message via the Service, and accordingly, TextJump does not guarantee that a message will be delivered as intended or desired by a User.

(xv) More specifically, but without limitation, the Service is not intended for trading or investing purposes, nor for life-saving or other vitally important messages, and TextJump shall not be responsible or liable for any decisions, indecisions, actions or inactions taken by Users based on such information or the failure of delivery of any information.

(xvi) Any complaints concerning the content of any messages delivered via the Service should be sent directly to the TextJump administrator via the Contact Us page.

3. Registration & Privacy.

(i) TextJump does not currently require Users to register prior to use of the Service, but reserves the right to offer voluntary registration or require mandatory registration at any time.

(ii) Any personal data about you acquired by TextJump as part of any registration process is subject to TextJump’s Privacy Policy. Accordingly, TextJump will not release your name or personal contact information to third parties for marketing or solicitation purposes without your prior approval. However, TextJump may release general statistical and demographic information about use of the Service and the Site at any time without your prior approval.

4. Communication Between TextJump and Users.

(i) TextJump reserves the right to send messages via the Service to any and all Users to inform them of: (a) changes or additions to the Service, the Site or these TOS; (b) new or existing products or services to be offered by TextJump; (c) violations of these TOS; (d) cancellation, suspension, termination or other action respecting their privilege to access and use the Service; or (e) any other matter related to the Service, the Site or these TOS.

(ii) Nothing in this provision shall require or obligate TextJump to send such notice if no notice is required or mandated elsewhere in these TOS.

5. Access To The Service.

(i) In order to use the Service, you must obtain access to networking resources that accommodate SMS messaging, and you are solely responsible for paying any third-party fees associated with such access.

(ii) Additionally: (a) you must provide all hardware or other equipment, at your own expense, necessary to send and receive SMS messages; and (b) the ability to send and receive SMS messages may be subject to subscriber contracts, roaming fees, capacity charges and/or other expenses established and enforced by your cell phone company, ISP or other applicable service provider, all of which are your sole responsibility.

6. Third Party Links.

(i) The Site and messages transmitted via the Service may contain links and/or pointers to websites or Internet resources maintained by others, including but not limited to advertisers and partners of TextJump (the "Third Party Sites").

(ii) You acknowledge and agree that TextJump has not reviewed and does not monitor or endorse the Third Party Sites that are linked to or made available through the Service or the Site, and TextJump is not responsible for the quality, content, availability or any other aspect of such Third Party Sites, including but not limited to any goods, products or services offered at or by these Third Party Sites.

(iii) You further acknowledge and agree that TextJump is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss in connection with your use of (or reliance on) any information, goods, products, services or other matter that is available on or through any of the Third Party Sites.

(iv) You agree that any problems you experience regarding any Third Party Sites shall be addressed to the site administrator or webmaster of the applicable Third Party Sites, and not to TextJump.

7. Representations & Warranties.

(i) You represent and warrant that: (a) you are at least 18 years old, and if not, you have the express permission of a parent or guardian to use the Service; and (b) you will not use the Service in violation of these TOS.

(ii) TextJump reserves the right to deny, suspend or terminate access to or use of the Service (without prior notice) if TextJump, at its sole discretion, believes that a User is or could be: (a) under the age of 18 and does not have his or her parent’s or guardian’s permission to use the Service; or (b) using or intending to use the Service in violation of these TOS or in violation of any applicable law.

8. Indemnity.

You agree to indemnify, defend and hold harmless TextJump and its related companies (including without limitation their officers, directors, employees, consultants, shareholders, agents, service providers, affiliates, co-branders, partners, vendors, professional advisors, customers, licensors and licensees) from and against any and all claims, suits, liabilities, damages, demands and/or costs of any type and nature (whether actual or alleged, known or unknown, suspected or unsuspected, or disclosed or undisclosed), including without limitation reasonable attorneys' fees and court costs, arising from or in any way related to:

(i) Any actual or alleged breach by you of these TOS or the foregoing representations or warranties;

(ii) Any actual or alleged violation by you of any applicable law;

(iii) Any actual or alleged infringement by you upon the legal rights of TextJump, any User or any third party;

(iv) Any content you transmit or attempt to transmit through the Service; and

(v) Your use of the Service in any manner.

9. DISCLAIMER OF WARRANTIES

(i) YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

(ii) TEXTJUMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.

(iii) TEXTJUMP MAKES NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE INFORMATION TRANSMITTED VIA THE SERVICE IS ACCURATE OR RELIABLE; OR (d) ANY ERRORS IN THE UNDERLYING SOFTWARE OR OTHER COMPONENTS OF THE SERVICE WILL BE CORRECTED.

(iv) ALL MATTER OBTAINED BY YOU VIA THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR OTHER HARDWARE) OR LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICE.

(v) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTJUMP OR FROM THE SERVICE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN THESE TOS.

(vi) TEXTJUMP MAKES NO WARRANTY WHATSOEVER REGARDING ANY GOODS, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, THE SITE OR THE THIRD PARTY SITES.

(vii) NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TEXTJUMP IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH HEREIN.

10. LIMITATION OF LIABILITY.

(i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL TEXTJUMP (OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE)
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS , EVEN IF TEXTJUMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED ON CONTRACT WARRANTY, NEGLIGENCE OR OTHER TORT, OR THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE), RESULTING IN WHOLE OR IN PART FROM:

(a) YOUR ACCESS TO OR USE OF THE SERVICE, OR THE INABILITY TO ACCESS OR USE THE SERVICE;

(b) RELIANCE ON THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OPERATION OR AVAILABILITY OF THE SERVICE;

(c) FAULTS, MISTAKES, OMISSIONS OR DEFECTS IN THE SERVICE, OR DELAY, INTERRUPTION OR TERMINATION OF THE SERVICE;

(d) THE CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR LACK THEREOF OF ANY MESSAGES TRANSMITTED OR ATTEMPTED TO BE TRANSMITTED VIA THE SERVICE

(e) ANY GOODS, PRODUCTS OR SERVICES BOUGHT OR OTHERWISE ACQUIRED AS A RESULT OF THE SERVICE, THE SITE OR THE THIRD PARTY SITES;

(f) ANY DECISIONS, INDECISIONS, ACTIONS OR INACTIONS TAKEN BY USERS OR THIRD PARTIES RESULTING FROM THE SERVICE;

(g) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MESSAGES;

(h) ANY ALLEGATION AGAINST TEXTJUMP BY A THIRD PARTY THAT THE SERVICE INFRINGES UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL, PROPERTY, PERSONAL, PRIVACY, CONTRACTUAL OR OTHER LEGAL RIGHTS OF SUCH THIRD PARTY;

(i) DISCLOSURE OF YOUR IDENTITY OR DISCLOSURE OF THE CONTENT OF YOUR MESSAGES AS PERMITTED BY THESE TOS;

(j) THE CONDUCT OF ANY USER OF THE SERVICE; AND

(k) ANY OTHER MATTERS RELATING TO THE SERVICE.

(ii) TEXTJUMP’S TOTAL AND AGGREGATE LIABILITY TO YOU AND ALL THIRD PARTIES IN ANY AND ALL EVENTS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU HAVE PAID TO TEXTJUMP IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

(iii) ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.

11. LIMITS ON EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

12. User Remedy.

If you are dissatisfied with any aspect of the Service, or with any of the terms or conditions of these TSO or other policies issued by TextJump, your sole and exclusive remedy is to discontinue accessing and using the Service.

13. Proprietary Rights of TextJump.

(i) You acknowledge and agree that the Site, the Service and any software, technology and identifying marks, name or logos used in connection therewith contain proprietary matter that is owned or controlled by TextJump, and protected by applicable intellectual property and other laws.

(ii) You may not, without express prior written permission from TextJump: (a) copy, redistribute or publicly display the Site or parts thereof; or (b) mirror the Site on any other webpages.

(iii) Your use of the Service does not create a license or any other intellectual property or proprietary rights in TextJump’s trademarks, trade names, service marks, logos, copyrights or patents, all of which shall remain the sole, perpetual and exclusive property of TextJump.

(iv) You acknowledge and agree that TextJump™ is a registered trademark of TextJump.

14. International Use.

In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside regarding online activities and SMS messaging. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.