To cancel and opt out of our service from your wireless phone simply reply END, STOP, QUIT, CANCEL and UNSUBSCRIBE.

To get help using our service reply HELP.

(Revised 6/26/07)

1. Acceptance of Terms of Service.

(i) Welcome to Teleflip.com (the “Site”), which is owned and operated by Teleflip™ Inc. (“Teleflip”) and provides:

(a) e-mail to cell phone text messaging services known as flipOut!™;
(b) reception and sending of e-mail on cell phone services known as flipMail™; and
(c) related services (collectively, the “Services”).

(ii) Use of the Services is subject to the following Terms of Service (”TOS”), which may be revised at any time by Teleflip with or without notice. Continued use of one or more of the Services constitutes binding acceptance of any changes to these TOS.

(iii) The most current version of these TOS is always available at the Site.

(iv) Unless explicitly stated otherwise herein, any new features that augment or enhance the current Services are subject to these TOS. Teleflip may also offer products or functionality other than the Services. These TOS may or may not apply to such other matters as may be indicated on the Site or otherwise.

(v) For purposes of these TOS, the following terms shall apply:

(i) “Sender” shall mean one who initiates a text message (a “Message”) that is transmitted or attempted to be transmitted via the Services, and

(ii) “Recipient” shall mean one who receives or is intended to receive a Message that is transmitted or attempted to be transmitted via the Services. The term “Message” shall also include content sent or received via the flipOut!™ and/or flipMail™ Services. The sending and/or receiving of Messages via one or more of the Services evidences complete and unqualified acceptance of these TOS, which creates a binding contract respecting use of the Services.

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

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

2. Message Content, Service Conditions, SPAM & Bulk E-mail.

(i) The flipOut!™ Service permit users to send and receive Messages that are sent via the flipOut!™ Service as an e-mail and then converted by third-party cell phone service providers into an SMS Message based on the cell phone number of the Recipient. The flipMail!™ Service permit users to retrieve and send e-mail on their cell phones from multiple third-party e-mail accounts that are delivered via third-party cell phone service providers 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 flipOut!™ and/or flipMail™ Services.

(ii) The content of Messages transmitted by Users does not reflect the opinions of Teleflip and Teleflip 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 Services by Users, advertisers or other third parties. Any reliance upon any such information is entirely at the User’s sole risk.

(iii) Teleflip assumes no responsibility or liability of any nature whatsoever for:

(a) the content of any Messages transmitted via the Services; 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 Services.

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

(v) Users understand that by using the Services, Users could be exposed to content in Messages that Users might consider to be offensive or objectionable. Under no circumstances is Teleflip liable in any way for the content of any Messages transmitted via the Services.

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

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

(viii) Additionally, Teleflip reserves the right, at its sole discretion, to:

(a) add promotional messages and/or notices about the Services, the Site or related matters in all or some of the Messages transmitted via the Services; and
(b) unilaterally issue “return-receipt,” “confirmation of receipt” or similar messages to Senders of Messages, which confirm delivery of a Message and/or alert the Sender to existing, new or up-coming features of the Services, unless Senders have opted-out from receiving such content. For more information regarding opt-out options, please see Teleflip’s full Privacy Policy.

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

(a) Restrict or inhibit any other User from using and enjoying the Services;
(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 Teleflip;
(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 Users are:
(I) impersonating another person or entity;
(II) misrepresenting affiliation or relationship with another person or entity; or
(III) manipulating identifiers in order to disguise the origin of any Message transmitted through the Services;

(j) Transmit any content that Users 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) To the extent permitted by applicable law, Users acknowledge and agree that Teleflip may, at its sole discretion, make and preserve copies of any and all Messages transmitted via the Services for internal back-up and other legal or business purposes.

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

(xii) Users understand that delivery of Messages via the Services 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. Users further understand and agree that Messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

(xiii) Users agree that Teleflip, at its sole discretion, may establish general practices and limits concerning use of the Services, 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 one or both of the Services.

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

(xv) More specifically, but without limitation, the Services is not intended for trading or investing purposes, nor for life-saving or other vitally important correspondence, and Teleflip 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 Services should be sent directly via e-mail to Teleflip from our Contact Us page.

(xvii) Teleflip does not authorize the use of its network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Users. In addition, Internet e-mail sent or attempted to be sent through Teleflip’s network that contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent via Teleflip’s network is unauthorized. Similarly, e-mail that is relayed from any third party’s mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of Teleflip’s network. Teleflip reserves the right without notice to take all measures of any nature (whether legal, mechanical or otherwise) to prevent unsolicited bulk e-mail and/or other unauthorized e-mail from entering, utilizing or remaining within Teleflip’s network. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, Teleflip’s network except as may be otherwise stated in these TOS. Teleflip’s failure to enforce this policy in any instance in which it might have application does not amount to a waiver of Teleflip’s rights. Unauthorized use of the Teleflip’s network related to the transmission or attempted transmission of unsolicited bulk e-mail or counterfeit e-mail may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Civil and criminal penalties may also apply to e-mail transmitted to Teleflip’s network in violation of the CAN-SPAM Act of 2003, as may be subsequently amended.

3. Usage Fees.

(i) Currently, the flipOut!™ and flipMail™ Services are available as basic services, complimentary from Teleflip and as paid services, depending on the scope and degree of usage, and the acceptance of certain premium add-on functionalities to the Services. The parameters of the Basic Services, and the charges for the Paid Services, are set forth in the Statement of Rates located at http://www.teleflip.com/blog/services.

(ii) Notwithstanding the above, Teleflip reserves the right at any time to charge or increase fees for access to and/or use of all or any portion of one or both of the Services, including elimination of the Basic Services altogether.

(iii) If Teleflip elects to implement or increase charges for using all or a portion of the Services, it shall post notice on the Site or otherwise notify Users prior to or contemporaneously with initiating such charges (or thereafter making any changes to the charges). In such case, a User’s privilege to use the Services is subject to prompt payment of any such charges and acceptance of any and all other terms and conditions mandated by Teleflip respecting the Services.

(iv) Teleflip reserves the right to require that all fees (including without limitation any initial set-up or installation charges) are payable to Teleflip in advance. Teleflip further reserves the right to require a deposit and/or the right to bill your credit card to cover any and all fees and charges, such as but not limited to excess, additional and/or renewal charges.

(v) Past due payments shall bear a late payment charge (until paid) at the rate of:

(a) one and one-half percent (1.5%) per month; or
(b) if lesser, the maximum amount permitted by applicable law.

(vi) If Teleflip employs the services of an attorney or collection agency to enforce User payment obligations, Users agree to reimburse Teleflip for such expenses.

(vii) Account activation will take place approximately three (3) business days from the date of payment of initial invoice.

(viii) Requests to upgrade, downgrade, or customize the Services to be received may be made at anytime, however, the requested changes will be made effective within approximately three (3) business days from the date of Teleflip’s acceptance of the request.

(ix) Absent a written agreement between us stating otherwise, Users may request to cancel the Service at anytime upon written notice to Teleflip, provided, however, that:

(a) Teleflip will effectuate such requests at its earliest opportunity; and
(b) no refunds or other compensation shall be issued to Users upon any such cancellation.

4. Registration & Privacy.

(i) Teleflip does not currently require Users of the flipOut!™ Service, to register prior to use thereof, but reserves the right to offer voluntary registration or require mandatory registration at any time. Users of all other Services are required to register at the Site prior to use of the Services.

(ii) Any personal data about Users acquired by Teleflip as part of any registration process is subject to Teleflip’s Privacy Policy. For more information on this topic, please see Teleflip’s full Privacy Policy.

(iii) You must be 13 years of age or older to register as a User. By registering as a User, you represent and warrant that you are 13 years of age or older.

5. Communication Between Teleflip and Users.

(i) Teleflip reserves the right to send Messages via the Services to any and all Users to inform them of:

(a) changes or additions to the Services,
(b) changes to the Statement of Rates,
(c) changes to the Site or these TOS;
(d) new or existing products or services to be offered by Teleflip;
(e) violations of these TOS;
(f) cancellation, suspension, termination or other action respecting their privilege to access and use the Services; or
(g) any other matter related to the Services, the Site or these TOS.

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

6. Access To The Services & Technical Support.

(i) In order to send a Message via the Services, Senders must have access to a valid e-mail account. In order to receive a Message transmitted via the Services, Recipients must obtain access to a cell phone and a third-party cell phone network that can accommodate e-mail-to-SMS messaging. Users are solely responsible for paying any third-party fees associated with such third-party networks.

(ii) Users agree that the ability to initiate Messages, or to receive and reply to Messages sent via the Services, may be subject to subscriber contracts, roaming fees, capacity charges and/or other expenses established and enforced by a User’s cell phone company, ISP or other applicable service provider, all of which are the sole responsibility of Users. USERS ARE STRONGLY ADVISED TO CHECK THEIR SERVICE AGREEMENTS WITH THEIR RESPECTIVE CELL PHONE CARRIERS AND E-MAIL PROVIDERS TO FULLY UNDERSTAND THE NATURE AND SCOPE OF ANY AND ALL FEES OR CHARGES RELATED TO THE RECEIPT AND SENDING OF SMS AND E-MAIL MESSAGING ON THEIR CELL PHONES.

(iii) Teleflip currently provides complementary technical support to Users of the Services via e-mail during normal business hours (Pacific Standard Time), excluding Federal and California State holidays. Teleflip reserves the right, without notice, to change the times and manner of its technical support, in addition to charging fees for any and all such support.

7. Third Party Links.

(i) The Site and Messages transmitted via the Services may contain links and/or pointers to websites or Internet resources maintained by others, including but not limited to advertisers and partners of Teleflip (the “Third Party Sites”).

(ii) Users acknowledge and agree that Teleflip has not reviewed and does not monitor or endorse the Third Party Sites that are linked to or made available through the Services or the Site, and Teleflip 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) Users further acknowledge and agree that Teleflip is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss in connection with 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) Users agree that any problems experienced regarding any Third Party Sites shall be addressed to the site administrator or webmaster of the applicable Third Party Sites, and not to Teleflip.

8. Representations & Warranties.

(i) Each User represents and warrant that:

(a) the User is at least 18 years old, and if not, the User has the express permission of a parent or guardian to use the Services; and
(b) User will not use the Services in violation of these TOS.

(ii) Teleflip reserves the right to deny, suspend or terminate access to or use of the Services (without prior notice) if Teleflip, 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 Services; or
(b) using or intending to use the Services in violation of these TOS or in violation of any applicable law.

9. Indemnity.

Users agree to indemnify, defend and hold harmless Teleflip 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 Users of these TOS or the foregoing representations or warranties;

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

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

(iv) Any content Users transmit or attempt to transmit through the Services; and

(v) User’s use of the Services in any manner.

10. DISCLAIMER OF WARRANTIES

(i) USERS EXPRESSLY AGREE THAT USE OF THE SERVICES IS ENTIRELY AT THE USER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USERS ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF SERVICE AS MANDATED BY THEIR RESPECTIVE CELL PHONE CARRIERS AND/OR E-MAIL PROVIDERS , AND TELELFIP SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR A USER’S BREACH OF SUCH THIRD PARTY LICENSES, TERMS AND/OR CONDITIONS. ARISING FROM USE OF THE SERVICES OR OTHERWISE.

(ii) TELEFLIP 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) TELEFLIP MAKES NO WARRANTY THAT:

(a) THE SERVICES WILL MEET A USER’S REQUIREMENTS;
(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE INFORMATION TRANSMITTED VIA THE SERVICES IS ACCURATE OR RELIABLE; OR
(d) ANY ERRORS IN THE UNDERLYING SOFTWARE OR OTHER COMPONENTS OF THE SERVICES WILL BE CORRECTED.

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

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

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

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

11. LIMITATION OF LIABILITY.

(i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL TELEFLIP (OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES) BE LIABLE TO USERS 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 TELEFLIP 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) ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES;
(b) RELIANCE ON THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OPERATION OR AVAILABILITY OF THE SERVICES;
(c) FAULTS, MISTAKES, OMISSIONS OR DEFECTS IN THE SERVICES, OR DELAY, INTERRUPTION OR TERMINATION OF THE SERVICES;
(d) THE CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR LACK THEREOF OF ANY MESSAGES TRANSMITTED OR ATTEMPTED TO BE TRANSMITTED VIA THE SERVICES;
(e) ANY GOODS, PRODUCTS OR SERVICES BOUGHT OR OTHERWISE ACQUIRED AS A RESULT OF THE SERVICES, THE SITE OR THE THIRD PARTY SITES;
(f) ANY DECISIONS, INDECISIONS, ACTIONS OR INACTIONS TAKEN BY USERS OR THIRD PARTIES RESULTING FROM THE SERVICES;
(g) UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S MESSAGES;
(h) ANY ALLEGATION AGAINST TELEFLIP BY A THIRD PARTY THAT THE SERVICES INFRINGE 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 A USER’S IDENTITY OR DISCLOSURE OF THE CONTENT OF A USER’S MESSAGES AS PERMITTED BY THESE TOS;
(j) THE CONDUCT OF ANY USER OF THE SERVICES; AND
(k) ANY OTHER MATTERS RELATING TO THE SERVICES.

(ii) TELEFLIP’S TOTAL AND AGGREGATE LIABILITY TO USERS AND ALL THIRD PARTIES IN ANY AND ALL EVENTS IS LIMITED TO THE GREATER OF:

(A) THE AMOUNT OF FEES A USER HAS PAID TO TELEFLIP 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 SERVICES OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.

(i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL TELEFLIP (OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES) BE LIABLE TO USERS 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 TELEFLIP 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) ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES;
(b) RELIANCE ON THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OPERATION OR AVAILABILITY OF THE SERVICES;
(c) FAULTS, MISTAKES, OMISSIONS OR DEFECTS IN THE SERVICES, OR DELAY, INTERRUPTION OR TERMINATION OF THE SERVICES;
(d) THE CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR LACK THEREOF OF ANY MESSAGES TRANSMITTED OR ATTEMPTED TO BE TRANSMITTED VIA THE SERVICES;
(e) ANY GOODS, PRODUCTS OR SERVICES BOUGHT OR OTHERWISE ACQUIRED AS A RESULT OF THE SERVICES, THE SITE OR THE THIRD PARTY SITES;
(f) ANY DECISIONS, INDECISIONS, ACTIONS OR INACTIONS TAKEN BY USERS OR THIRD PARTIES RESULTING FROM THE SERVICES;
(g) UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S MESSAGES;
(h) ANY ALLEGATION AGAINST TELEFLIP BY A THIRD PARTY THAT THE SERVICES INFRINGE 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 A USER’S IDENTITY OR DISCLOSURE OF THE CONTENT OF A USER’S MESSAGES AS PERMITTED BY THESE TOS;
(j) THE CONDUCT OF ANY USER OF THE SERVICES; AND
(k) ANY OTHER MATTERS RELATING TO THE SERVICES.

(ii) TELEFLIP’S TOTAL AND AGGREGATE LIABILITY TO USERS AND ALL THIRD PARTIES IN ANY AND ALL EVENTS IS LIMITED TO THE GREATER OF:

(A) THE AMOUNT OF FEES A USER HAS PAID TO TELEFLIP 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 SERVICES OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.

12. 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 CERTAIN USERS.

13. User Remedy.

If dissatisfied with any aspect of the Services, or with any of the terms or conditions of these TSO or other policies issued by Teleflip, a User’s sole and exclusive remedy is to discontinue accessing and using the Services.

14. Proprietary Rights of Teleflip.

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

(ii) Users may not, without express prior written permission from Teleflip:

(a) copy, redistribute or publicly display the Site or parts thereof; or
(b) mirror the Site on any other webpages.

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

(iv) Users acknowledge and agree that Teleflip™ is a registered trademark of Teleflip.

15. International Use.

In recognition of the global nature of the Internet, Users agree to comply with all local rules where a User resides regarding online activities, email and SMS messaging. More specifically, but without limitation, Users 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 a User resides.

16. Copyright Infringement.

(i) Teleflip respects the intellectual property of others, and requires Users to do the same.

(ii) If another User transmits matter that infringes the copyrights or other intellectual property rights of a third party, Users are urged to contact Teleflip’s Copyright Agent for Claims from our Contact Us page so that we may initiate appropriate remedial action as may be warranted under the circumstances in accordance with Teleflip’s copyright infringement policy issued pursuant to the Digital Millennium Copyright Act, as may be subsequently amended.

(iii) The above-referenced correspondence should include the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that allegedly has been infringed;
(c) a description of where the allegedly infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

17. Other Provisions.

(i) The Services are controlled and operated by Teleflip from its offices within the State of California, USA. Teleflip makes no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so on their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations.

(ii) Correspondence concerning the Services or the Site should be sent to Teleflip via e-mail from our Contact Us page, or in the case of a particular circumstance noted herein, to the e-mail address specified in these TOS for such circumstance.

(iii) These TOS are governed by the internal laws and judicial decisions of the State of California as applied to agreements entered into and to be performed entirely therein, thereby excluding its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from these TOS. Any action to enforce these TOS shall be brought exclusively in the federal or state courts located in Los Angeles County, CA, USA, and Users hereby agree to the personal jurisdiction of said courts for such purposes.

(iv) These TOS, as may be amended or revised from time to time, constitute the entire agreement between us and govern use of the Services and the Site, and supercede any prior oral, written, express or implied agreements between us respecting the Services or the Site. Users may be subject to other “Terms of Service” respecting use of or access to other services that may be made available by Teleflip in the future.

(v) If any provision of these TOS is found by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of the remaining provisions, and the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in said provision to the fullest extent possible.

(vi) All rights and remedies granted to Teleflip hereunder are cumulative and shall be in addition to any other rights or remedies that Teleflip may have at law or in equity.

(vii) Teleflip shall not be deemed to have waived any of its respective rights under this Agreement unless the waiver is in writing and signed by Teleflip. Any delay by Teleflip in exercising any right hereunder shall not be a waiver of said right or of any other right, nor shall a waiver on one occasion operate as a waiver of such right or any other right on a future occasion.

(viii) Nothing contained in these TOS shall be deemed to constitute either party as the agent or representative of the other party, nor both parties as joint venturers or partners for any purpose.

(ix) Except as may be expressly stated otherwise in these TOS, there are no third party beneficiaries to these TOS.

(x) The titles of the paragraphs of these TOS are for convenience only and have no legal or contractual effect.

(xi) Known or suspected violations of these TOS should be reported to Teleflip’s Customer Care Department from our Contact Us page.