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Privacy Policy
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Updated November 15, 2020

Chuckatext Terms and Conditions

Version 1.1

Welcome to www.Chuckatext.com! The www.Chuckatext.com website (the “Site”) is comprised of various web pages operated by XL123A LLC (“Chuckatext”) on the Site (including the mobile and online versions). For the purposes of the terms, conditions, and notices contained herein (the “Terms”), unless otherwise noted, all references to XL123A LLC include www.chuckatext.com and Chuckatext (hereinafter collectively, “Chuckatext,” “our,” “us,” or “we”). Chuckatext is a service platform software providing customers with text messaging and short code marketing campaign services, including any related applications, downloads, and other related features and/or services (the “Services”). By using our Site or Services (hereinafter collectively, the “Site”), You consent to, without modification of, these Terms (“You” and “Your” means an individual person or business who purchases or uses Chuckatext’s products and/or services). Your use of our Site and their features constitutes Your agreement to all such Terms (the “Agreement”). This Terms fully applies to any rebranded or white label version of Chuckatext’s services or platforms. You have the requisite power and authority to conduct business and to execute, deliver, and perform the Agreement. As such, You represent and warrant that you can enter into this Agreement have the legal power, right, and authority to make this Agreement and to bind Yourself. Please read these Terms carefully and keep a copy of them for Your reference.

The Agreement is comprised of several components, which may be amended or updated from time to time and shall be effective immediately and are incorporated by reference: (a) these Terms and (b) the Privacy Policy. Please also carefully review Chuckatext’s Privacy Policy as they may apply to You when purchasing or using our products and/or services.

www.Chuckatext.com is a software as a service web-based platform allowing customers to manage mobile marketing campaigns including mobile messaging capabilities and may from time to time provide You the terms and conditions and the privacy policies in connection with Your use of our Site such as the Web Forms feature (the “Web Forms Terms”). Your use in any way (i.e. continued, actual, reliance on the Web Forms Terms by any of Your Subscribers or customers, etc.) of the Web Forms feature and/or Web Forms Terms constitute Your agreement to fully comply with the Web Forms Terms. Any violation, claim, or liability arising therefrom committed by You, You shall indemnify Chuckatext as provided in these Terms. If You do not agree with the Web Forms Terms do not use the Web Forms feature.

Chuckatext Credit

Chuckatext Credits are used to send out and/or receive Your messages. An SMS message uses 1 credit and an MMS message uses 2 credits. All Chuckatext Credits are prepaid and expire at the end of the billing period and do not rollover to the next billing period unless You upgrade from the freemium trial to any prepaid plan or from a current prepaid plan to a higher prepaid plan. Any unused Chuckatext Credits on the date of the upgrade will roll over to the next billing period. You may upgrade Your prepaid plan through Your account at any time.

When on a prepaid plan, You can receive inbound messages at no additional charge against its Chuckatext Credits provided that you have the equivalent Chuckatext Credits in your account (this does not apply to the freemium trial – see below). By way of example, a customer on a monthly plan has 5000 Chuckatext Credits in its account, the customer may receive up to 5000 inbound messages at no additional charge. In the rare event, the number of inbounds messages exceeds Your Chuckatext Credits, Your account will have limited or no access to the inbound messages or may be disabled until You purchase additional Chuckatext Credits or upgrade to a higher prepaid plan.

Freemium Trial

Chuckatext may provide a freemium trial for You when you activate Your account and may contain free Chuckatext Credits for You to send and receive Messages. Any messages sent or received will count against Your free Chuckatext Credits depending on the type of message received or sent (i.e. SMS or MMS). Your trial will end 14 days after You activate Your account or when You have used all Your free Chuckatext Credits, whichever comes sooner. Your use of the freemium plan is subject to these Terms and the Privacy Policy. You may upgrade Your account at any time.

Billing

A customer on a monthly plan will be billed automatically by Chucktext three (3) days before the end of the billing cycle which runs every 30 days from upgrade date. A customer on a yearly plan will be billed automatically three (3) days before its yearly anniversary (e.g. Chuckatext will bill customer 363 days after the start of its plan).

Payment

All payments shall be made by any major credit card or Paypal. By submitting Your payment information for purchase of the Services, You hereby authorize Chuckatext to charge Your credit card or debit from Your Paypal account as set forth in the Payment Method section of the registration form for the Services, including any overage fees, at the rates set forth on https://www.chuckatext.com/plans or the agreed upon rate.

Privacy

Your use of our Site is subject to Chuckatext's Privacy Policy and Your compliance thereof. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices and use.

Electronic Communications

When You visit www.Chuckatext.com or send emails to Chuckatext that constitutes electronic communications. As such, You consent to receive electronic communications in return and any transactional emails and/or texts related to your account with us or our Site. Unless otherwise stated or prohibited by law, You agree to receive and accept all agreements, notices, invoices, disclosures, and other communications electronically, whether via email, text, and/or and on our Site, and such receipt and acceptance shall satisfy any legal requirement that such communications be in writing.

Consistent with our Privacy Policy, if you have opted-in to receive marketing or promotional communications or material via email or text, Chuckatext may, from time to time, contact You for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. Interacting with such email or text (i.e. clicking on a link therein), such interaction may send us a notification that may be used to improve our services to you.

If You would like to stop receiving marketing or promotional communications or material from Chuckatext, You may opt-out of such communications or material by 1) clicking on the opt-out link included in every one of our marketing or promotional email, 2) emailing privacy@chuckatext.com from Your email from which you are receiving Chuckatext communications or material, or 3) by texting us “STOP” to the number from which You are receiving Chuckatext communication or material.

Your Account

If You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Chuckatext is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Chuckatext and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

The status of Your account may affect Your access to it. An active account is in good standing with Chuckatext Credits remaining and will have all features available to You. An inactive account has no Chuckatext Credit available and will have all or some features available to You depending on Your freemium trial status or prepaid plan (i.e. ability to send and/or receive Messages). Inactive account may also include accounts that may have payment issues or inactivity on the account for more than 30 days. Any features or settings in Your account may be lost, reset, or returned after more than 60 days of inactivity. In such event, Chuckatext shall not be liable or responsible for any features or settings lost, reset, or returned and You shall indemnify Chuckatext as provided herein and waive and release any claim or cause of action against Chuckatext. You may upgrade or enroll Your prepaid plan for full access to Your account. A deactivated account means it has been suspended, terminated, or cancelled in accordance with this Agreement and You will be unable to login or access Your account. Similar to an inactive account, you will lose any features or settings under Your account. Again, in such event, Chuckatext shall not be liable or responsible for any features or settings lost, reset, or returned and You shall indemnify Chuckatext as provided herein and waive and release any claim or cause of action against Chuckatext.

Children Under Thirteen

Chuckatext does not knowingly collect, either online or offline, personal information from persons under the age of 13. If You are under 18, You may use www.Chuckatext.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may request a full refund of any unused, non-monthly prepaid plan credits within one (1) business day of purchase. No other refunds will be given.

Termination

If You are in violation or breach this Agreement or federal, state, or local law, rule, regulation, legal process, governmental request, or judicial order (the “Law”), or abuse or engage in any unreasonable use of the Site, we at Chuckatext may, in our sole and absolute discretion, elect to suspend, terminate, disable, and/or cancel, upon notice to You, Your use of the Site and/or recover any damages from You arising from the event(s) giving rise to the suspension, termination, disablement, or cancellation. In such event, You are still responsible for any liability and obligations then accrued. Your obligation to pay all amounts accrued and owed by You shall continue and survive even after any suspension, termination, disablement, or cancellation of Your access to the Site (in whole or in part). Upon termination, for any reason, You agree to immediately cease using the Site and Chuckatext shall have no obligation to You after any termination or cancellation of these Terms. Should such a termination take place when You still have credits in Your account, You shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Chuckatext, including, without limitation, the payment of transfer duties, collection and legal fees and costs, third-party costs, and penalties. The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of Your use of our Site.

Upon the termination or cancellation of Your account, You shall immediately cease using and/or return any information, data, material, and features, or any derivatives thereof, in connection with, or arising from, Your use of the Site, including, but not limited to, the Web Forms Terms, any contact list templates, etc.

Links to Third Party Sites/Third Party Services

Our Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Chuckatext and Chuckatext is not responsible for the contents of any Linked Site, including without limitation any information or link(s) contained in a Linked Site, or any changes or updates to a Linked Site. Chuckatext is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Chuckatext of the Linked Site or any association with its operators.

Certain services made available via www.Chuckatext.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.Chuckatext.com domain, You hereby acknowledge and consent that Chuckatext may share such information and data with any third party with whom Chuckatext has a contractual relationship to provide the requested product, service or functionality on behalf of www.Chuckatext.com users and customers. Your information and data, if any, will be used in accordance with our Privacy Policy. See our Privacy Policy for more information on how we treat Your information and data.

No Unlawful or Prohibited Use of Site and Intellectual Property

You are granted a non-exclusive, non-transferable, and revocable license to access and use the Site strictly in accordance with this Agreement. As a condition of Your use of the Site, You represent and warrant to Chuckatext that You will not use the Site for any purpose that is unlawful or prohibited by any applicable Law and the Agreement. You may not use the Site in any manner in which could in any way damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation or derivative thereof, and any software used on the Site, is the property of Chuckatext or our licensors or suppliers and are protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any alterations, changes, or modifications thereto.

You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The content on the Site is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use in accordance with these Terms and will make no other use of the content without the express written permission of Chuckatext and the copyright or trademark owner. You agree that You do not acquire any ownership rights or interests in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Chuckatext or our licensors or suppliers except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable Law.

Chuckatext has no obligation to monitor the Communication Services. However, Chuckatext reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Chuckatext reserves the right to terminate Your access to any or all of the Communication Services or out Site at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. Chuckatext does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Chuckatext specifically disclaims, and Your continued use of any of our Communication Service or Site agrees to our disclaimer, any liability with regard to the Communication Services or Site and any actions resulting from Your participation in any Communication Service or our Site. Managers and hosts are not authorized Chuckatext spokespersons and do not speak on behalf of Chuckatext, and their views do not necessarily reflect those of Chuckatext.

Materials uploaded to a Communication Service or Site may be subject to certain post limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload any materials.

Materials Provided to www.Chuckatext.com or Posted on Any Chuckatext Web Page

Chuckatext does not claim ownership of the materials You provide to www.Chuckatext.com (including feedback and suggestions) or post, upload, input, or submit to any our Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting Your Submission You are granting Chuckatext, our affiliated companies, and necessary sublicensees permission to use Your Submission in connection with the operation of our or their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided herein. Chuckatext is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Chuckatext's sole discretion.

By posting, uploading, inputting, providing, or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

Customer Conduct and Rules

Your use of our Site, in any way and for any duration, shall mean that You agree to will fully comply with these Terms as well as the rules below:

  1. You agree and acknowledge that all data, information, content, programming, music, audio, photos, illustrations, video, messages, and/or different materials (“Content”), regardless of how the Content is posted or transmitted, are the sole liability and responsibility of the original person who posted or transmitted such Content, including those posted or transmitted by You. Therefore, You, and not Chuckatext, shall be fully accountable, liable, and responsible for any and all Content that You transfer, post, email, transmit or in any case make accessible in connection with Your use of our Site. You agree and acknowledge that Chuckatext doesn't control the Content posted on our Site and, all things considered, doesn't ensure the accuracy, the trustworthiness or the subject matter of such Content. By no means will Chuckatext be liable or responsible in any capacity for any Content, including, but not limited to, for any inaccuracies, mistakes, or exclusions in any Content, or for any damage or harm of any kind caused by any Content posted, messaged, transmitted or in any case made accessible on our Site.
    1. You grant Chuckatext absolute and complete discretion and permission to derive, utilize, appropriate, replicate, adjust, adjust, freely perform, and freely show such Content on our Site and anywhere else for promoting our Site.
    2. Chuckatext is only a facilitator of the message traffic and has zero ability to see into or have the power over individual messages (“Messages”) as they are facilitated or transmitted through our Site and has no obligation or risk regarding the substance of any individual Message. Chuckatext may utilize algorithmic programming to filter or pre-screen Your Messages and may block Messages or request that You edit the Messages in compliance with these Terms if Chuckatext determines, in its sole discretion, that the Message may violate these Terms or any applicable Law.
  2. With regard to the use of our Site, You agree not to:
    1. Upload, post, text message, email, transmit, or in any case make accessible any material that contains trojan horse, virus, worms, bots, or anything containing any harmful or unsafe component, programming infections, or some other PC code, documents, or projects intended to interfere with, destroys, or limits the usefulness of any cell phone, device, PC programming or equipment, or media communications gear, regardless of whether such interference, destruction, to limitation occurred;
    2. Upload, post, text message, email, transmit, or in any case make accessible any illicit contests or betting, spontaneous or unapproved solicitations or publications, “garbage mail,” “spam,” “junk letters,” “fraudulent business models,” or any information, data, or material unpermitted or in violation of any Law or this Agreement;
    3. Forge headers or in any case control identifiers so as to conceal, disguise, or misrepresent the sender and any Content transmitted through our Site;
    4. Upload, post, text message, email, transmit, or in any case make accessible any adult Content or Content that is unlawful, obscene, hurtful, undermining, oppressive, irritating, tortious, slanderous, disgusting, profane, derogatory, intrusive of another's protections and rights, disparaging, or racially, ethnically, or in any case offensive;
    5. “Stalk” or in any case badger another;
    6. Send any calls to life-line administrations, for example, medical clinics, fire, police, 911 or utility-related phone numbers;
    7. Use any hardware or programming that has the ability to store or produce phone numbers to be called, or utilize an arbitrary or successive number generator, related to Your use of our Site;
    8. Transmit, partner, or distribute any unlawful, bigoted, harmful, derogatory, oppressive, undermining, disparaging, shameless, destructive, foul, vulgar, obscene, or in any case shocking material of any sort;
    9. Make use of any equipment, mechanism, or programming that has the ability to start Messages without human involvement or initiation, related to Your utilization of the Services;
    10. Abuse the fair and reasonable use policy concerning the use of unlimited keywords — that is, enlisting numerous keywords without utilizing them for a considerable length of time or months or are considered to be abandoned whereby Chuckatext, in its sole discretion, may delete or otherwise resolved such abuse;
    11. Gather or collect in any way the data or information of others, without the required consent, which You are solely responsible for knowing and adhering to;
    12. Mislead or misrepresent to others with respect to the identity of the sender of Your messages, by making or implying a bogus or mimicking the character of someone or something different or by giving false details or information of any kind;
    13. Transmit any material that may encroach, infringe, or violate upon the protected rights, interests, or privileges of others including trademarks, copyrights, intellectual property, or different rights, interests, or privileges.
    14. Interfere with another's use and benefits of our Site;
    15. Engage in whatever other activity that Chuckatext accepts or determines that could expose us or our clients to any risk or liability, criminal or otherwise;
    16. Interfere with, or harass or damage, the systems, guidelines, strategies, techniques, policies, and/or procedures associated with our Site or Services;
    17. Attempt to gain unapproved or unauthorized access, information, records, PC frameworks or systems to our Site through means or secret key mining or any some other methods; and/or
    18. While using the Site, engage in any behavior that is unpermitted or in violation of this Agreement or any Law.
  3. You acknowledge and agree that Chuckatext reserves the absolute right and discretion to access Your account and/or Content, in good-faith, to disclose any information, data, or material as necessary to comply with, or in response to, any applicable Law; to edit, refuse to post, or remove any information, data, or materials, in whole or in part; and/or to assist in securing certain rights, title, or interests of Chuckatext and/or its clients.
  4. You agree and acknowledge that You shall include clear and conspicuous unsubscribe/opt-out options on Your messages when required to do as such by any pertinent law or guideline and in any case hold fast to the Consumer Best Practices Guidelines proclaimed by the Mobile Marketing Association, if applicable to Your messages. Please see our Privacy Policy for more information.
  5. You ensure that the subscribers in Your account (the “Subscribers”) have provided You express written consent to send them any type of message You plan to send them (the “Subscriber Message”). On the off chance, under any circumstances that Chuckatext believes or suspects such required consent was not provided or collected, we reserve the absolute right and authority to demand a composed clarification from You, including, but not limited to, the technique for gathering all of the Subscribers’ contact information, of any kind (the “Contact Info”), and a written assurance, marked by You, that all Subscribers on Your list provided express written consent to receive Subscriber Messages. Chuckatext maintains all authority to make any action we think is proper regarding violation or non-compliance of these Terms or any applicable Law, including the cancellation or termination of Your account.
  6. You ensure that You have all the necessary and requisite authority and have acquired all rights, interests, and licenses to utilize and message those Subscribers when You use Chuckatext Services without requiring additional approval or consent of any third party and You shall, at all times, utilize and message Subscribers in accordance to these Terms, the Privacy Policy, and or any applicable Law.
  7. You consent that You shall adapt and adopt to and comply with any applicable Law (such as those of Federal Trade Commission, http://www.ftc.gov and Federal Communications Commission, http://www.fcc.gov ) and guidelines and are exclusively liable and responsible for all activities that happen under Your record or in Your account, including, without restriction, the substance of the messages that You make and start through our Site or Services.
  8. You shall utilize our Site and other features thereof and plan Your messages carefully and in compliance with any applicable Law. You acknowledge and agree that You are exclusively liable for acquiring any rights, interests, or licenses to any information, including without limitation audio files, pictures, or recordings, included in any of Your outbound messages sent by us to Your Subscribers. In the event that You are uncertain or unclear on the legalities and compliance of any message that You expect to send through our Services, You should consult or talk with Your lawyer before Your utilizing our Site.

Third Party Accounts

You may be able to connect or sync Your Chuckatext account to third party accounts, and vice versa. By connecting Your Chuckatext account to Your third party account, You acknowledge and agree that You are consenting to the continuous release and transmission of information between the two accounts (in accordance with Your privacy settings on each respective sites or software). If You do not want information about You to be shared in this manner, do not use this feature. You are solely responsible for any information released to any of Your third party accounts and shall indemnify and waive Chuckatext from any liability unless due to our gross negligence or willful misconduct.

International Users

The Site is controlled, operated and administered by Chuckatext from our offices within the USA. If You access our Site from outside the USA, You are responsible for Your compliance with any applicable national, state, or local law, rule, regulation, legal process, governmental request, or judicial order thereof. You agree that You will not use the Chuckatext Content accessed through www.Chuckatext.com in any country or in any manner prohibited by any applicable national, state, or local law, rule, regulation, legal process, governmental request, or judicial order.

Indemnification

You agree to indemnify, defend, and hold safe and harmless Chuckatext, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use our Site, any user postings or messages made by You, or Your violation of any terms of this Agreement, any rights of a third party, or any applicable federal, state, or local Law. Chuckatext reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Chuckatext in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement (these Terms and the Privacy Policy), or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator with at least five years of relevant industry knowledge and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Los Angeles County, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims arising from this Agreement or any disputes arising as a result of this Agreement, whether directly or indirectly, including tort claims that are a result of this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Chuckatext agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHUCKATEXT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CHUCKATEXT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHUCKATEXT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHUCKATEXT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CHUCKATEXT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICE.

Governing Law; Venue; Jurisdiction

Chuckatext reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, upon notice. This Agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site or Services. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.

Independent Contractors

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Chuckatext as a result of this Agreement or use of the Site. Chuckatext's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chuckatext's right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Chuckatext with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Chuckatext with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Chuckatext with respect to the Site. A printed version of this Agreement and of any notice given 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Severability Clause

In case any provision in this Agreement shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

Changes to Terms

Chuckatext reserves the right, in its sole discretion, to amend, modify, edit, revise, or change the terms of this Agreement at any time under which www.Chuckatext.com is offered and shall be effective as of the posted date. The most current version of this Agreement will supersede all previous versions. Your continued use of the Site consent to these changes. Chuckatext encourages You to periodically review this Agreement to stay informed of our updates.

Contact Us

Chuckatext welcomes Your questions or comments regarding this Agreement:

XL123A, LLC
5917 Oak Ave. #109
Temple City, California 91780

Email Address:
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