Terms of Use

This Agreement provides the general terms and conditions of use, hereby known as the Terms of Service (the "TOS") applicable to all services (the "Services") offered by FreeGoldText.com, to you through its Web site located at http://FreeGoldText.com/ (the "Site"). By accessing or using this Site, you accept without limitations or qualifications to be bound by the TOS. Your access to and use of the Services are conditioned on your acceptance of and compliance with the TOS, which may be updated from time to time with or without notice to you. By accessing or using the Services, you agree to be bound by the terms and provisions of the TOS.

The FreeGoldText.com TOS governs your access to and use of the services, including but not limited to websites, SMS, APIs, email notifications, applications, buttons, and widgets, hereby known as the Services (the “Services") or the material posted on this Site ("Materials"), you shall be subject to any terms and conditions outlined in the policies of FreeGoldText.com posted on the Site, including, without limitation, the Privacy Policy and any other posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in this Agreement. All such policies, guidelines or rules are hereby incorporated by reference into this Agreement. If you breach any of the TOS, FreeGoldText.com may, in its sole discretion, in addition to terminating your access to use this Site, limit your activity, may refuse to provide services to you. This Agreement is void where prohibited by law, and the right to access the Site, Services and Materials is revoked in such jurisdictions. Subject to these TOS, FreeGoldText.com maintains this Site for your use and grants you the permission to use its services and materials.

Privacy Policy

All data provided by you and certain other information about you are subject to the FreeGoldText.com Privacy Policy.

Registration and user information

To become a User of FreeGoldText.com, you must submit a completed registration form with your name and phone number. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, can form legally binding contracts under applicable law, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FreeGoldText.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FreeGoldText.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Limited copyright license

The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, FreeGoldText.com and its participating partners, affiliations, and associates do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of FreeGoldText.com.

Use of user information

In order to make various features and functions of Services and Materials available to Users, FreeGoldText.com may collect information about a User and their use of FreeGoldText.com ("User Information"). You acknowledge and agree that FreeGoldText.com’s collection and use of your User Information as outlined in FreeGoldText.com’s Privacy Policy, and FreeGoldText.com’s operation and provision of Services, as contemplated under this Agreement, is not a breach of your right of privacy, publicity, or any other right related to the protection of personal data, whether in equity, law, contract, or otherwise. You hereby waive any and all such claims or rights of action, whether foreseen or unforeseen, so long as your User Information is collected, stored, and used in accordance with FreeGoldText.com’s Privacy Policy, or in the case of you making use of Materials or Services provided by FreeGoldText.com Associates, the privacy policy of such Associate.

Third-party Website Links

This Site may contain links to third-party Web sites that are not under the control of FreeGoldText.com. FreeGoldText.com makes no representations whatsoever about ANY other website to which you may have access through this Site. When you access a nonFreeGoldText.com website, you do so at your own risk and FreeGoldText.com is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. The inclusion of such links does not imply that FreeGoldText.com endorses or accepts any responsibility for the content or uses of such websites.

User obligations and warranties

With respect to information available on the Site, you may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to User’s employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, you shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise. You shall not share, rent, or sublicense any of its rights under this Agreement to any other party

Warranties and disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES AND MATERIALS ARE AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEGOLDTEXT.COM AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, AFFILIATES AND THIRD-PARTY PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FREEGOLDTEXT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

(i) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS;

(ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE;

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; AND

(v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREEGOLDTEXT.COM OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS.

FREEGOLDTEXT.COM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF FREEGOLDTEXT.COM'S ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL FREEGOLDTEXT.COM OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FREEGOLDTEXT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF FREEGOLDTEXT.COM'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREEGOLDTEXT.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL FREEGOLDTEXT.COM'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED 10 U.S. DOLLARS. USERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR FREEGOLDTEXT.COM ENTERING INTO THIS AGREEMENT

Indemnity

You shall, at your own expense, indemnify, defend, and hold FreeGoldText.com and its shareholders, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and another User or between you and any third party, or (b) is based on facts or alleged facts that would constitute a breach of any of User’s representations, warranties, or covenants under this Agreement. You shall not enter into a settlement of the foregoing without FreeGoldText.com's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from FreeGoldText.com. By using this Site you acknowledge that FreeGoldText.com has no control over the quality, safety, legality or accuracy of the content found on the Site. As a result, you shall release FreeGoldText.com and its shareholders, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the content found on the Site.

Entire agreement

This Agreement constitutes the entire agreement between you and FreeGoldText.com with respect to the Services and Materials and supersedes all prior agreements or previous discussions (written or oral) between you and FreeGoldText.com, subject to any specific agreement governing Services subscribed by you through this Site. This Agreement may be modified only by a signed agreement, or as follows: FreeGoldText.com may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If you continue to use the Materials, Services, or Site, then you will be considered to have accepted the modifications

Governing law and jurisdiction

This Site (excluding linked sites) is controlled by FreeGoldText.com. The TOS and your conduct while using the Services shall be governed in all respects by the laws of the United States of America and the State of California, without regard to the conflicts of laws principles thereof, which shall govern all matters relating to your access to, or use of, this Site, Materials and/ Services. The failure of FreeGoldText.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Any claims, legal action or proceeding arising directly or indirectly out of any materials contained in the Services shall be brought exclusively in the state and federal courts of the State of California. FreeGoldText.com makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

General Terms

A. Waiver and Severability of Terms

The failure of FreeGoldText.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

B. Force Majeure

Neither party will be liable or in default or otherwise responsible for delays or failures in performance resulting from acts of God; acts of war or civil disturbance; epidemics; governmental action or inaction; fires; earthquakes; unavailability of labor, materials, power, or communication; or other causes beyond that party's reasonable control.

C. No Right of Survivorship and Non-Transferability

You agree that your FreeGoldText.com account is non-transferable and any rights to your FreeGoldText.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

D. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

E. Entire Agreement

The TOS constitutes the entire agreement between you and FreeGoldText.com and governs your use of the Services, superseding any prior version of this TOS between you and FreeGoldText.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content, or third-party software.

The section titles in the TOS are for convenience only and have no legal or contractual effect.