Terms of Use

Text Weapon Website and Online Services Terms and Conditions

Welcome to Text Weapon web site (the “Site”) owned and operated by Cascade Commerce LLC, a Delaware Limited Liability Company.

(The information below contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. PLEASE READ THIS CAREFULLY AS YOUR CONTINUED USE OF THIS SITE, WHETHER YOU ELECT TO CREATE A PROFILE OR NOT, CONSTITUTES YOUR AGREEMENT TO COMPLY WITH ALL OF THE FOLLOWING!) This Internet website is the property of Cascade Commerce, L.L.C. References to “CCL, ” “CCL Online Services”, or “this website” shall be deemed to be references to Cascade Commerce, LLC, as well as Cascade Commerce, L.L.C. d/b/a www.TextWeapon.com.

CCL PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE “CCL ONLINE SERVICES”) SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND CCL (“AGREEMENT”) THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND CCL WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE CCL ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

Age Limitations: Age of Majority

The goods and services offered and provided by CCL and the CCL website and on-line services are restricted to persons aged 18 years and older. You certify that by accessing the CCL website, and related CCL on-line services that you are at least 18 years or older.

Trademark and Copyright Information

Except as otherwise specifically stated, all material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software which is created or posted by CCL (the “CCL Provided Content”) is owned, controlled by, or licensed to CCL and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use, and except as otherwise specifically provided below, may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or re-distributed in any way, including by e-mail or other electronic means, without the express prior written consent of CCL in each instance. You may download material and content intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other notices that may appear on such materials and CCL Provided Content. You further agree that you will create no derivative works from this site or the products offered within this site or the Cascade Commerce LLC, Family of websites. Use of the CCL trademarks, trade names, and other protected CCL Provided Content may not be used in any way, shape or form, without the prior express written consent of an authorized officer of CCL, including but not limited to use in connection with any product or service that is not owned or licensed to/from CCL, in a manner that is apt to cause confusion among the public, or in any manner that disparages or discredits CCL and the CCL Provided Content. All other trademarks of third party companies appearing on the CCL website or family of websites are the property of their respective owners, independent of any association with CCL.

Limited License and Site Access

CCL grants you a limited license to access and make non-commercial uses only of this site, and except as otherwise specifically stated herein, neither this site, nor the CCL Provided Content appearing hereon may be downloaded, or modified, in whole or in part, except with the prior express written consent of an authorized officer of CCL. The Limited License granted to you hereunder permits personal use only and prohibits you from any and all commercial uses, in whole or in part, including a prohibition against resale, the use of product information (including product illustrations, descriptions, and pricing); all derivative use(s) thereof; copying account information for the commercial use/benefit of any third party; and any use of data mining, robots, or other tools designed to marshal and extract such data. Any unauthorized use by you shall automatically terminate the Limited License granted to you hereunder.

No Agency or Intended or Incidental Third-Party Beneficiary

Text Weapon is not your agent, fiduciary, trustee, or representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. The Terms of Use and all of the representations, warranties, covenants, conditions, and provisions contained herein are intended to be and are for the sole and exclusive benefit of Text Weapon and you.

Code of Conduct

The following rules, policies, and disclaimers shall govern and/or apply to your use of the CCL Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services which may be provided on this website). Presently, or at some point in the future, we may provide visitors to this website an opportunity to create a profile and/or post comments, streaming video content, messages, pictures, voice content, or other like content to this site via their respective profiles (the “User Provided Content”). We do not preview any of the User Provided Content or the like that appears on this website. CCL simply provides the delivery platform for users, members, and visitors to post User Provided Content through the use of our website and online services. CCL also does not confirm the accuracy or validity of and User Provided Content or information posted or shown. We do not actively monitor the contents of the postings, the web feeds; nor are we responsible for the content or accuracy of any User Provided Content. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted, nor any audio or video feed supplied or other content contained as part of any User Provided Content. The contents of any postings, video or audio feeds, still pictures and the like, or other information and statements contained in User Provided Content do not represent the views of CCL, or any person or property associated with CCL, the CCL Online Services, this website, or any other website in the CCL family of websites. If you feel that any posting, video/audio feed, name, voice, likeness, appearance, and/or photographs, or other contents, materials, or information in any User Provided Content is/are objectionable, we encourage you to immediately discontinue viewing of the website and cease all further visits to the site.

You agree, by using this website and/or the CCL Online Services, that: (1) you will not use this website or any of the CCL Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the CCL Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the CCL Online Services provided hereon unless you own the copyright in and to such material or have a valid and existing license or sub-license agreement to post the same; (4) you will not post or transmit any information or software that contains a virus, worm, time bomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc.; or, in any way reproduce or circumvent the navigational structure or presentation of this website, the CCL Online Services, or the contents of such website or services.

Although we cannot and do not preview, or review any of the posted messages, or audio/video streams, pictures, information or other User Provided Content, we reserve the right to remove (or not) any message/content for any (or no) reason whatsoever, in our sole and absolute discretion. To the extent that you post messages or comments, you remain solely responsible for the content of your messages and posts, and you agree to indemnify and hold harmless CCL and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message/content posted by you, as well as in situations enumerated in, and consistent with our published Privacy Policies (below). Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the CCL websites and any related CCL Online Services (including bulletin boards, chat rooms, or other platforms/locales where such messages are found).

Warranty Disclaimer

CCL has, and may continue to provide links and pointers to internet sites maintained by third parties (“third party sites”) and may, from time to time, provide third party materials on this website. Neither CCL, nor it’s parent or subsidiary companies, nor their affiliates, operate or control in any respect any information, products, or services on these third party sites. The materials in this website and the third party sites are provided “as is” and “as available” with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this website and the CCL online services. CCL, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this website, the CCL online services, or any third party sites. Your sole remedy for dissatisfaction with this website, the CCL online services, and/or any third party sites is to stop using the website(s) concerned and/or those services. CCL does not warrant that the functions contained in this website, the CCL online services and/or any third party sites will be uninterrupted or error-free, that defects will be corrected, or that this website or any third party sites, or the servers that make them available, are or will be free of viruses or other harmful components. CCL does not warrant or make any representations regarding the use or the results of the use of the materials on this website, the CCL online services, or any third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not CCL) assume the entire cost of all necessary maintenance, repair, or correction of any such materials. For the avoidance of doubt, CCL makes no representations or warranties regarding how often the materials or information posted on the website will be update (if at all).

Litigation Issues

This Agreement is entered into in the State of Delaware, USA, and shall be governed by, and construed in accordance with, the laws of the State of Delaware, USA, exclusive of its choice of law rules. You agree that any and all claims arising out of or related to the use of the CCL website, the CCL website services, and any and all information, products, or services provided therein shall be settled solely by confidential binding arbitration before a single Arbitrator under the American Arbitration Association’s then current commercial arbitration rules. You further agree that personal jurisdiction and venue for all such arbitration must, and shall occur before the American Arbitration Association in Wilmington, Delaware, USA, and waive any claim for lack of personal jurisdiction, improper venue, or forum non conveniens grounds. The parties further agree that all Arbitration fees and costs associated therewith shall be split equally between the parties. The parties shall be solely and exclusively responsible for their own incidental costs and attorneys’ fees. You further agree that any claims arising hereunder must be commenced within one (1) year from the date the claim or cause of action accrued (i.e. from the date you knew or, with reasonable investigation and diligence, should have known of the existence of the claim or cause of action). The ruling of the American Arbitration Association shall be final and binding, and either party may move for entry of the final Arbitration award in a court of competent jurisdiction in Wilmington, Delaware, USA. Notwithstanding the foregoing you agree that the limitations and provisions limiting CCL’s liability hereunder remain in full force and effect, and there shall be no litigation or arbitration concerning any matter for which CCL has disclosed they will not be held responsible or liable. Although this website may be accessible worldwide, to the extent that the jurisdictions from which this site is accessed do not permit the limitations of liability set forth herein, then, in that event CCL’s maximum liability for any and all alleged losses, damages, costs, and fees shall not exceed the total amount paid by you, if any, to access this site.

Void Where Prohibited

Although this website may be accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. CCL reserves the right to limit, in its sole and absolute discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

You further hereby acknowledge: (1) the unique nature of the protections and provisions set forth in these Terms of Use, (2) that CCL will suffer irreparable harm if you breach any of said protections or provisions, and (3) that monetary damages will be inadequate to compensate CCL for such breach. Therefore, if you breach any of such provisions, then you agree that CCL shall be entitled to immediate injunctive relief, without the necessity of posting a bond, in addition to any other remedies at law or equity, to enforce such provisions.

License to Cascade Commerce, L.L.C. d/b/a “www.TextWeapon.com” or Any Other Cascade Commerce LLC Owned and Operated Websites

By posting messages, uploading files, inputting data, posting any type of User Provided Content, or engaging in any other form of communication through this website, you are granting CCL a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sub-license, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

Making Purchases

If you wish to purchase products or services, if any, which may be described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. CCL’s Privacy Policy in connection with your purchases and use of the CCL website and CCL services is provided below. You should review the Privacy Policy prior to your use of the CCL services, or making any purchases. CCL reserves the right, at all times, in its sole and absolute discretion to refuse service, or cancel orders. All products, if any, purchased from this site are sent via email unless otherwise indicated. Any difficulties or issues you may have with respect to your personal email account, whether accessibility or receipt of emails delivered by CCL remain your sole responsibility. If such issues arise, you should immediately provide CCL with a new, workable email address and make any appropriate changes on any member profile you may have created on this site.

Returns and Refunds, Risk of Loss

We may presently, or at some point in the future, enable you to purchase products which you may designate for delivery to a physical address identified by you. All products shipped to you are FOB CCL’s place of business. This means that the risk of loss passes to you once the products are picked up by a commercial carrier at our loading dock(s). In connection with all such purchases, you should read and be aware of any customer return and refund policies that CCL will display on the Site. All returns and refunds will be governed by the posted policies pertaining thereto. You should read and be aware of such policies prior to finalizing any purchase you may make.

FTC Compensation Disclosure: Contingent Payments/ Payment In Kind From Affiliates

Presently, or at some time in the future, we may provide links to, or advertising space for third party advertisers and companies on or website. Additionally, we may provide endorsements for such third party advertiser’s products and/or services. We are required by applicable federal law to inform you that we may receive payment, or payment in kind from those third parties for whom we enable links, provide advertising space on, or provide endorsements to, on our website. Often times, such payments/payments in kind may be computed, in whole or in part, by the number of visitors that either click on such links or click on and purchase the products advertised by such third party advertisers. As such, you should assume that any time a product or service is mentioned on this site, we may be compensated. Regardless, our recommendations for any product or service promoted on our sites have been made in good faith, based on our own use of the product, or based on the general public opinion of the merit of the product or service recommended. You should also be aware that because we may receive compensation in exchange for our endorsements, links, and advertising space provided on our sites, a bias for those products/services may exist. Commercially reasonable efforts have been made to ensure that all such recommendations are accurate and true. Nonetheless, some bias can be assumed because of the material relationship between this site and the companies for which we have provided a recommendation.

Use of Site and Services: Entertainment Purposes Only

This website, along with the products and services offered hereon (including but not limited to our e-book(s), Reports, and Catapult Process), are for purely entertainment, promotional and advertising purposes only. Your use of the CCL website and related products and services is limited to personal, entertainment purposes only and cannot be used for commercial purposes by users, visitors, and members of this website. Nothing herein is meant to substitute the entertainment nature of this site and related products and services for your potential need for professional counseling and services. CCL does not guaranty that the recommendations made by it in the CCL Provided Content; in any other products or services (including but not limited to our e-book(s), Reports, and Catapult Process), or in any User Provided Content will result in any guaranteed results, whether positive or otherwise. To the extent that you seek results which are beyond the entertainment goals of CCL, you should consult professional advice. CCL does not guaranty, and expressly disavows any guaranteed results by following suggestions, recommendations, comments, article directions, audio or written e-books, e-reports, quick start guides, suggestions, testimonials, or any information, recommendations or advice which may be contained on this website whether posted/offered by CCL (whether gratuitously or for a fee), or as part of any User Provided Content.

Testimonials

Presently, or at some time in the future, CCL may obtain (or be provided with) “testimonials” from its users and/or members and post those testimonials for disbursement and distribution on the CCL website and services. The truth and accuracy of the “testimonials” have not, and will not be independently verified or substantiated as accurate. Additionally, the “testimonials” obtained and posted by CCL are often not representative of everyone’s experience. Rather, the “testimonials” merely provide information about the testimonial giver’s individual experience as of the time provided. Individual results can and may vary. CCL makes no warranties or representations about the results you may (or may not obtain) by reading, using, participating, practicing or duplicating any of the CCL Provided Content, the User Provided Content, the testimonials, or any other goods and services offered by CCL whether gratuitously or on a paid basis.

To the extent that you provide CCL with a “testimonial” you agree that your name, voice, likeness, and the contents of such “testimonial” including but not limited to any biographical information added to such testimonial become the exclusive property of CCL, and by providing such “testimonial,” you are granting to CCL, a perpetual, world-wide license to air, distribute, broadcast, exploit, sell, license, sub-license, edit, and use all or any portion of such “testimonial” for commercial purposes without payment or compensation to you have any type, whether monetarily or otherwise. CCL may also provide, in its sole and absolute discretion, products, services, or other gratuitous items, or compensation as a “thank you” in appreciation for taking the time to provide such testimonial.

Indemnification

You agree to indemnify, defend, and hold harmless CCL and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions and/or the Privacy Policy applicable hereto. CCL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Miscellaneous

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. CCL may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.

No Waiver

CCL’s failure, refusal, or neglect in enforcing or exercising our rights in connection with the Terms of Use/Privacy Policy shall not be considered a waiver of our rights unless such waiver is in a writing signed by an authorized officer of CCL. We reserve the right, in our discretion, to exercise all, or less than all of our rights at any time without a forfeiture of our rights to further exercise our rights and remedies thereto. Additionally, our failure, refusal, or neglect to timely enforce strict performance of your obligations hereunder shall not constitute or preclude us from any time thereafter exercising the balance of our rights, in whole or in part.

Designated Agent Under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that CCL should be notified of a possible online copyright infringement involving any CCL website, please notify CCL’s designated agent at www.textweapon.com/contact. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.