Betwext Terms and Conditions

Betwext LLC Operates This Website

This website is hosted and operated by Betwext LLC (“we,” “us,” “our,” and “Betwext”), an independent e-commerce reseller and service provider.  Please read the following terms and conditions carefully.

By using Betwext you agree to be bound by its legal notices (explained below) and all disclaimers and terms and conditions that appear elsewhere on the Betwext owned and operated website as it relates to Betwext services and associated product offerings.

Betwext reserves the right to change its legal notices at any time. Each time you use the Betwext website, you should review the legal notices that apply to use of this site. If you are dissatisfied with the site’s Content or the legal notices, you agree that your sole and exclusive remedy is to discontinue using the Betwext website.

Tampering with the site, misrepresenting a user’s identity, using buying agents, or conducting fraudulent activities on the site is prohibited.

Disclaimer of Warranties.

The site is provided by Betwext on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Betwext makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Betwext shall have no liability for any interruptions in the use of this Website. Betwext disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

Limitation of Liability

Betwext SHALL NOT be liable for any damages whatsoever, and in particular Betwext shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Betwext has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. IN NO EVENT WILL Betwext OR ITS AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION, SHIPMENT, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM: YOUR ACTS, DEFAULTS OR OMISSIONS; YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER PERTINENT INFORMATION;ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON OR ENTITY OTHER THAN Betwext,INCLUDING OUR COMPLIANCE WITH VERBAL OR WRITTEN INSTRUCTIONS FROM THESENDER, RECIPIENT OR PERSONS CLAIMING TO REPRESENT THE SHIPPER OR RECIPIENT; OUR INABILITY TO PROVIDE A COPY OF THE DELIVERY RECORD OR A COPY OFTHE SIGNATURE OBTAINED AT DELIVERY; OUR FAILURE TO PROVIDE A VALID SHIPPINGACCOUNT NUMBER IN GOOD CREDIT STANDING IN THE BILLING INSTRUCTIONS ONSHIPPING DOCUMENTATION; OUR FAILURE TO NOTIFY YOU OF ANY DELAY, LOSSOR DAMAGE IN CONNECTION WITH YOUR SHIPMENT OR ANY INACCURACY IN SUCHNOTICE; OUR RELEASE OF SHIPMENTS WITHOUT OBTAINING A SIGNATURE IF ASIGNATURE RELEASE IS ON FILE. NO ACTION ARISING OUT OF THIS AGREEMENTMAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE AGREEMENT FORM

 

Modifications and Interruption to Service

Betwext reserves the right to modify or discontinue the Services or products with or without notice to the Member. Betwext shall not be liable to Member or any third party should Betwext exercise its right to modify or discontinue the Service or product. Member acknowledges and accepts that Betwext does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Accounts

You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

Capacity to Contract

You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.

Typographical errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled within 30 days, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

Privacy Policy

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users (“Privacy Policy”). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

Feedback

We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

 

Right to Download

You may download Content displayed on the Betwext website for noncommercial personal use, provided you also retain all copyright, trademark, and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media. Modifying, transmitting, distributing, reusing, reposting, “framing” or using the Content of the Betwext website (including text, images, audio and/or video) for public or commercial purposes without written permission from an authorized Betwext representative is strictly prohibited.

 

Proprietary Rights

All Content included on or comprising the Betwext website — including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (“Content”) is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws, and Betwext owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part.

Betwext logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Betwext and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.

By using the Betwext website, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Betwext or any third party using the Betwext website are non-confidential. By submitting solicited or unsolicited information using the Betwext website, you grant Betwext an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Applicable Law

The Betwext website is created, operated, and controlled by Betwext in the state of Arizona, United States of America. Arizona state laws will govern legal notices without giving effect to any principles of conflicts of law.

Links to Third-Party Websites

The Betwext website contains links to other sites, including but not limited to third-party sites that display the Betwext trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose.

Betwext does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Betwext website does not constitute sponsorship, endorsement, approval, or responsibility. Betwext makes no representation or warranty as to any products or services offered on any third-party site.

Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Betwext website. Please review the conditions of use for all third-party sites and for more information about the terms and conditions that apply to them.

Security

The Betwext website may only be used for lawful purposes. Activities including—but not limited to—tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate Betwext website security, including, without limitation, (a) accessing data not intended for such user; (b) using the website for unintended purposes or trying to change the site’s behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing”; (f) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the website (i.e., impersonating the Betwext website) or to the website (i.e., impersonating a legitimate
user). Sending unsolicited and unauthorized eMail on behalf of Betwext, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result
in civil or criminal liability.

You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper
working of the Betwext website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Betwext website other than the
search engine and search agents provided by Betwext or generally publicly available browsers.

Certain software or other materials that you may download from the Betwext website may be further subject
to United States Export Controls. No software from the Betwext website may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download
or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or 2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software downloaded from the Betwext website, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.

Notification of Copyright Infringement
Under the Digital Millennium Copyright Act

If you believe that your copyrighted
material may have been infringed, please provide Betwext’ Copyright
Agent with the following information in writing:

  • A physical or electronic signature
    of a person authorized to act on behalf of the owner of an exclusive
    right that is allegedly infringed.
  • Identification of the copyrighted
    work claimed to have been infringed, or if multiple copyrighted works
    at a single online site are covered by a single notification, a representative
    list of such works at that site.
  • Identification of the material
    that is claimed to be infringing or to be the subject of infringing
    activity and that is to be removed or access to which is to be disabled,
    and information reasonably sufficient to permit the service provider
    to locate the material. Information reasonably sufficient to permit
    the service provider to contact the complaining party, such as an address,
    telephone number, and if available, an e-mail address at which the complaining
    party may be contacted.
  • A statement that the complaining
    party has a good faith belief that use of the material in the manner
    complained of is not authorized by the copyright owner, its agent, or
    the law.
  • A statement that the information
    in the notification is accurate, and under penalty of perjury, that
    the complaining party is authorized to act on behalf of the owner of
    an exclusive right that is allegedly infringed.

 

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2014 Betwext with all rights
reserved, or is the property of Betwext and/or third parties protected
by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without prior written
permission of an authorized officer of Betwext is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized
officer of Betwext.

 

Betwext are proprietary marks of Betwext. Betwext’ trademarks may not be used in connection with
any product or service that is not provided by Betwext, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Betwext.

All other trademarks displayed on Betwext website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have
any affiliation with Betwext.

Notification of Claimed Copyright
Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act,
Betwext/Betwext designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

By Email: info@betwext.com

By Phone: : (888) 885-4384

Description of Service

Betwext (“Betwext Service website”)
is providing Member with services that consist of a communication application,
web based browser interface, SMS platform, SMS gateway, data encryption,
transmission, storage and access of data. Member must provide (1) all
equipment necessary for their own Internet connection and SMS service,
including computer, network connection, and cellular device and (2)
provide for Member’s access to the Internet and a valid cellular carrier,
and (3) pay any fees related with such connections.

Indemnification

Member agrees to indemnify and hold Betwext,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s use
of the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or entity.

Betwext makes no guarantees as to
the availability of this service or any specific feature of this service
at any time. Betwext reserves the right to change or terminate the
service and/or alter the terms and conditions of this Agreement and
any other agreement at any time.

Betwext does not guarantee delivery of any SMS on behalf of any cellular telephone providers.

Betwext makes no guarantees to coverage. Betwext provides coverage to many carriers, but cellular providers
may opt to not be part of the Betwext network, potentially resulting in undelivered messages.

Messages and Storage

Betwext assumes no responsibility and/or liability for failure to store information regarding any user
information, including message logs, contacts, and profile information. Betwext reserves the right to, at its sole discretion, with prior notification change the amount of text messages available to each group.

Betwext always strives for timely delivery of messages, but messages may be delivered in a delayed fashion
due to overloaded network traffic or queuing problems, potentially resulting in late messages.

Please read this Agreement carefully. It governs your use of the Betwext Website located at www.betwext.com
and the Service provided through the Website. This Agreement limits or exempts Betwext, its service providers (“Providers”) and other persons from liability and contains other important provisions that
you should read.

IF YOU ARE A PERSON UNDER THE AGE OF
18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

BY ACCESSING AND BROWSING THE www.betwext.com
WEBSITE OR ANY MOBILE VERSION THEREOF (TOGETHER, THE “WEBSITE”),
OR BY USING THE SERVICE, AND WHETHER OR NOT YOU (the “User” or “Member”)
REGISTER AS A MEMBER, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION,
THESE TERMS OF USE (THE “AGREEMENT”).

IF YOU DO NOT AGREE WITH EACH PROVISION
OF THIS AGREEMENT EACH TIME YOU USE THE WEBSITE, AND/OR IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE
WEBSITE.

Each time you use the Website you acknowledge
and signify that you have read, understood, and agree to be bound by
this Agreement. Each time you use the Website, the text of this Agreement,
as it then reads, will govern your use. Accordingly, when you use the
Website you should check the date of the Agreement and review any changes
since the last time you visited. The changes will be clearly shown in
the revised document for ease of reference.

If you wish to become a Member, communicate
with other Members, and make use of the Service, read this Agreement
and follow the instructions in the registration process. This Agreement
sets out the legally binding terms for your membership and use of the
Service and may be modified by Betwext from time to time. Any modifications
shall be effective once posted by Betwext on the Website. You may
also receive a copy of this Agreement by emailing us at: info@betwext.com,
Subject: “Terms of Use Agreement”.

In addition, when using particular functionalities
and features that are part of the Service, you may be subject to additional
guidelines, terms, or rules applicable to such functionalities and features
(“Additional Terms”), which may be posted from time to time.
All such Additional Terms as well as Betwext Privacy Policy (www.betwext.com/privacy)
are hereby incorporated by reference into this Agreement.

If such additional functionalities and
features are provided to us by any of our partners (such as, but not
limited to, media players for content provided by our licensors) the
Additional Terms that govern your use of such functionalities and features
are not incorporated into this Agreement, but shall govern your use
of such functionalities and features and you hereby agree to comply
with and be bound by such terms as a condition to your access and use
of such functionalities and features.

 

This agreement contains the following
provisions:

 

  • Eligibility and Your Acceptance
    of this Agreement
  • Changes to this Agreement
  • Account Requirements
  • Usernames, Passwords and Member
    Profiles
  • Termination of this Agreement
    and the Web Site
  • No Advice or Solicitation
  • Disclaimer, Liability Exclusion,
    Liability Limitation, Release and Indemnity
  • User Conduct, Linking and
    Framing
  • User Content Posted on the
    Website
  • Ownership and Proprietary
    Rights in the Service
  • Posting of Copyrighted Materials
    and Trademarks
  • Personal Information Privacy
  • Other Sites
  • Member Disputes
  • Third Party Content
  • Governing Law and Dispute
    Resolution
  • Electronic and Text Communications
  • Other Matters
  • The User warrants that it
    will comply with the following code of conduct regulated by the Mobile
    Marketing Association of the United States

 

ELIGIBILITY AND YOUR ACCEPTANCE
OF THIS AGREEMENT.

 

THE SERVICES ARE INTENDED SOLELY FOR
ACCESS AND USE BY INDIVIDUALS THAT ARE at least 18 years old. By clicking
the “ACCEPT” button you are representing that you are at least
18.

 

IF YOU ARE A PERSON UNDER THE AGE OF
18, WE ASK THAT YOU PLEASE DO NOT USE OUR WEBSITE.

The Website and services may not be used
by persons in jurisdictions where access to or use of the Website or
any part of it may be illegal or prohibited. The Website or the services
may be used only by persons who can form legally binding contracts under
applicable law. It is solely your responsibility to determine whether
your use of The Website or the services is lawful, and you must comply
with all applicable laws.

 

This is an Agreement between you and
Betwext which governs your use of The Website and its content, as
well as the Services provided through The Website or the services. Each
time you visit, browse, make a purchase, access, use the Service or
otherwise use this Website, you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to represent,
without limitation or qualification, to be bound by this Agreement,
and to comply with all applicable laws and regulations, and you represent
and warrant that you have the legal authority to agree to and accept
this Agreement on behalf of yourself and any person you purport to represent.
If you are merely surfing or browsing through The Website or the services
and have not yet registered to become a Member, your use of The Website
or the services is still subject to this Agreement. If you do not agree
with each provision of this Agreement, or you are not authorized to
agree to and accept this Agreement, or you do not have the legal authority
to agree to and accept this Agreement, you may not use The Website or
the services or the Service.

 

CHANGES TO THIS AGREEMENT

 

We reserve the right, at our sole discretion,
to change, modify, add, or delete portions of this Agreement at any
time without further notice. If we do this, we will post the changes
to this Agreement on this page and will indicate at the top of this
page the date this Agreement was last revised. Your continued use of
the Service or The Website or the services after any such changes constitutes
your acceptance of the new Agreement. If you do not agree to abide by
this Agreement or any future Agreement do not use or access (or continue
to use or access) the Service or The Website or the services. It is
your responsibility to regularly check The Website or the services to
determine if there have been changes to this Agreement and to review
such changes. Accordingly, when you use The Website or the services
you should check the date of this Agreement and review any changes since
the last time you visited.

 

WARRANTY DISCLAIMER. Betwext MAKES
NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW BY STATUTE,
OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU SPECIFICALLY
DISCLAIM AND WAIVE ANY CLAIM THAT USER MAY OR MAY NOT HAVE IN THE FUTURE
AGAINST Betwext FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING, WITHOUT
LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGING
ACTIVITY. Betwext DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF THE DIGITAL CONTENT DELIVERED TO USER OF THE SERVICE.

 

Order acceptance

 

Terms of payment shall be determined
in our discretion and as otherwise agreed to by us. Payment shall be
made by a credit card or some other pre-arranged method of payment acceptable
to the Online Store. Your receipt of an electronic or other form of
order confirmation does not signify our acceptance of your order, nor
does it constitute confirmation of the order or our offer to sell. We
reserve the right, without prior notification, to accept or decline
your order or limit the order quantity for any reason. Where payment
is made by credit card, such payment is subject to the approval of the
financial institution issuing the credit card and we shall not be liable
in any way if such financial institution refuses to accept or honor
the credit card for any reason. We may require, at our option, that
any order placed over certain dollar amounts receive our pre-approval.
We also may require additional verification or information before accepting
any order.

Customer Responsibilities. Customer is responsible for all activities that occur in Customer’s account(s). Customer shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data; (b) prevent unauthorized access to, or use of, the Platform, and notify Betwext promptly of any such unauthorized access or use of which Customer or any of its Affiliates become aware; (c) ensure that a user login is only used by one
person (a single login shared by multiple persons is not permitted); (d) maintain the security of its users’ account names and passwords; and (e) comply with Applicable Law with respect to Data and when using the Platform.

Use Guidelines. Customer shall not, and shall not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party; (b) send via, upload to, or store within the Platform any Malicious Code; (c) interfere with or disrupt the integrity or performance of the Platform or any parties’ or third party’s data contained therein; or (d) attempt to gain unauthorized access to the Platform or its related systems or networks.

FEES AND PAYMENTS

Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you cancel. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.

Variable Fees. Variable Fees for such items as messaging, carrier surcharges and wireless carrier lookups that occur during a billing period, will be be charged or invoiced at the time of use. Betwext will monitor or audit remotely these variable fees along with the Subscription Service and this information will reflect in your invoices.

Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

Payment against invoice. If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Betwext account. All payment obligations are non­cancelable and all amounts paid are non­refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

Overdue Payments. Customer’s failure to timely pay any fees and expenses that are not the subject of a good faith dispute of which Customer notifies Betwext in a detailed writing (“Undisputed Fees”) shall constitute a material breach of the Agreement. If any amounts for which Customer is responsible are overdue, then Betwext may provide Customer with written notice of the same (a “Late Notice”). If Customer fails to pay all overdue amounts within 10 business days after Customer’s receipt of the Late Notice, then Betwext may, in addition to any of its other rights or remedies, suspend access to the Platform and/or its provision of Services until all overdue amounts are paid in full. If Customer fails to pay all overdue amounts within 30 days after Customer’s receipt of the Late Notice, then Betwext: (a) may terminate the Agreement, including all outstanding Order Forms and Credits; (b) shall be entitled to recover from Customer (i) interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law (“Interest”); and (ii) all fees and costs (including reasonable attorneys’ fees, court costs and collection agency fees) incurred in seeking collection of such overdue amounts (“Collection Costs”).

Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services, unless Customer provides Betwext with a valid tax exemption certificate authorized by the appropriate taxing authority.

Shipping Policy

 

At this time, shipping is not applicable.

 

Betwext SMS Short Code Policy

1. When you opt-in to the service, we will send you an SMS message to confirm your signup.

2. You can cancel the SMS service at any time. Just text “STOP” to the number you received a message from. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. Participating carriers: Alaska Communications Systems (ACS), Alltel, AT&T, Bluegrass Cellular, Boost Mobile, Boost-CDMA, Centennial, Cincinnati Bell, Cox Wireless, Cricket (Leap Wireless), Dobson, ECIT (Cellular One of East Central Illinois), GCI Communications, Hawkeye (Chat Mobility), Illinois Valley Cellular, Immix/Keystone Wireless/PC Man, Inland Cellular, Nex Tech Communications, Nextel, nTelos, Pioneer, Plateau, Pocket, Revol Wireless, Sprint, T-Mobile, Thumb Cellular, TracFone, Unicell, Union Wireless, U.S. Cellular, United Wireless, Verizon, Virgin Mobile, and West Central Wireless.

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@betwext.com.

6. If you have any questions regarding privacy, please read our privacy policy.

 

Execution

 

No contract is formed between you and
Betwext until Betwext exercises the authorization to charge your
credit card, and the charge is validated and accepted by your credit
card company. If your final invoice is less than your original transaction
with Betwext, Betwext may credit you back the appropriate amount
to your original credit card. If your final invoice is more than your
original transaction due to your request for additional products you
agree under these Terms and Conditions to allow Betwext to charge
the appropriate additional amount to your registered and secured credit
card. Betwext will also supply you with an invoice reflecting the
appropriate changes.

 

Not all products and services mentioned
will be available in your country or available at the price listed.
Canadian and other international products or texting services are not
possible at this time.

 

Downtime and Service Suspensions;
Security

 

In addition to our rights to terminate
or suspend Services to You as described in the Terminate and Usage Section,
You acknowledge that: (i) Your access to and use of the Services may
be suspended for the duration of any unanticipated or unscheduled downtime
or unavailability of any portion or all of the Services for any reason,
including as a result of power outages, system failures or other interruptions;
and (ii) we shall also be entitled, without any liability to You, to
suspend access to any portion or all of the Services at any time, on
a Service-wide basis: (a) for scheduled downtime to permit us to conduct
maintenance or make modifications to any Service; (b) in the event of
a denial of service attack or other attack on the Service or other event
that we determine, in our sole discretion, may create a risk to the
applicable Service, to You or to any of our other customers if the Service
were not suspended; or (c) in the event that we determine that any Service
is prohibited by law or we otherwise determine that it is necessary
or prudent to do so for legal or regulatory reasons (collectively, “Service
Suspensions”). Without limitation to Section 6, we shall have no
liability whatsoever for any damage, liabilities, losses (including
any loss of data or profits) or any other consequences that You may
incur as a result of any Service Suspension. To the extent we are able,
we will endeavor to provide You notice of any Service Suspension in
accordance with the notice provisions set forth in Section 9 below and
to post updates regarding resumption of Services following any such
suspension, but shall have no liability for the manner in which we may
do so or if we fail to do so. We strive to keep information you provide
to us secure, but cannot guarantee that we will be successful at doing
so. Accordingly, without limitation, You acknowledge that You bear sole
responsibility for adequate security, protection and backup of Your
content including all audio recordings associated with Your account.
We strongly encourage You, where available and appropriate, to use encryption
technology to protect Your content from unauthorized access and to routinely
archive Your content. We will have no liability to You for any unauthorized
access or use, corruption, deletion, destruction or loss of any of Your
content.

 

FEES AND BILLING POLICY

 

Product Availability

 

Although availability may be indicated
on the Site, we cannot guarantee product availability and products,
nonetheless, may not be available for immediate delivery. We reserve
the right, without liability or prior notice, to revise, discontinue,
or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, in our
discretion, ship products which have substantially similar functionality
and specifications to the products ordered or cancel your order.

 

Other Terms

 

If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable provision) shall not
be affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by Betwext, in
our sole discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us in relation
to your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described
in our Privacy Policy Statement.

 

While we endeavor to provide the most
accurate, up-to-date information available, the directories and information
on this Site may be out of date or include omissions, inaccuracies or
other errors. This Site and the materials therein are provided “AS
IS.” We make no representations or warranties, either express or
implied, of any kind with respect to this Site, its operations, contents,
information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING
BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that we, our directors, officers,
employees or other representatives shall not be liable for damages arising
from the operation, content, or use of this Site. You agree that this
limitation of liability is comprehensive and applies to all damages
of any kind, including without limitation direct, indirect, compensatory,
special, incidental, punitive and consequential damages, damages for
loss of profits, revenue, data and use, incurred by you or any third
party, whether in an action in contract or tort, arising from your access
to, and use of, this Site or any other hyper-linked Website.

In its sole discretion, Betwext shall
determine whether You are eligible for a free trial subscription to
its Services, which terms of the free trial are set forth here >>>
Free trials are limited to one per person, and if we find that You have
created multiple free trial accounts, we reserve the right to suspend
those accounts and take actions to prevent additional violations. If
You have subscribed to the full version of our Services, then You agree
to pay applicable fees (including any minimum subscription fees) as
set forth here >>>. We may increase or add new fees for any
existing Service or Service feature by giving You 30 days’ advance notice.
All fees payable by You are exclusive of applicable taxes and duties.
Should You have any dispute as to fees associated with your account,
please contact us at info@betwext.com within 90 days of the date
of the activity that generated such dispute, and we will attempt to
resolve the matter. Any and all refunds issued to resolve such a dispute
shall be issued as credits to Your account, but in no event shall there
be any cash refunds. Disputes older than 90 days shall not be entitled
to any refunds or credits.

 

Termination and Usage

 

You agree to comply with and be bound
by the policies in connection with termination and returns of products
purchased through this Site. This Agreement will remain in full force
and effect while you use the Service and/or are a Member and anytime
you on are visiting or surfing our Website. You may terminate your membership
at any time, for any reason by following the instructions on the “FAQ”
pages, or upon receipt by Betwext of your written or email notice
of termination at info@betwext.com

 

If you breach any provision of this Agreement,
you may no longer use The Website or the services.

Betwext may, at any time and for any
reason, in its sole discretion, with or without cause, change, suspend
or terminate, temporarily or permanently, The Website or the services
or any part of it or any of its features at any time, for any reason,
without any notice or liability to you or any other person.

Betwext may at any time and for any
reason, with or without cause, and in its sole discretion, immediately
suspend or terminate (in whole or in part) your ability to use The Website
or the services and your login name and password, all without any notice
or liability to you or any other person. Any suspected fraudulent, abusive
or illegal activity may be grounds for terminating this relationship
and such activity may be referred to appropriate law enforcement authorities.

If this Agreement or your permission
to use The Website or the services is terminated by you or us for any
reason, you will not be entitled to a refund of any unused subscription
fees, if any, and this Agreement will nevertheless continue to apply
and be binding upon you in respect of your prior use of The Website
or the services and your engagement of the Service through The Website
or the services and anything connected with, relating to or arising
from those matters.

 

If your personal account is inactive
for over 90 days, Betwext has sole discretion to permanently remove
your account, including contact lists, message logs, and any other information
stored by Betwext. Betwext will attempt to contact you via the
email address you provided prior to taking any permanent actions in
regards to removal.

 

The User is free to terminate or cancel
his/her Agreement at any time and for any reason. Any questions concerning
this should be addressed to info@betwext.com.

 

In the event that Betwext receives
complaints with respect to the use of the Service, Betwext additionally
reserves the right, in its sole discretion, to disclose any and all
information applicable authorities or any other party with regard to
its clients and application Users.

 

Should you object to the terms and conditions
of this Agreement or any subsequent modifications thereto or become
dissatisfied with The Website or the services in any way, your sole
and exclusive remedy is to discontinue using The Website or the services.

We shall not be liable to you or any
third party for any claims or damages arising out of any termination
or suspension.

 

Disclaimer and Limitation of Liability

 

Disclaimers

 

Betwext is a service allowing users
to communicate with other service users. Betwext does not control,
monitor and makes no representation regarding the truth, accuracy, quality,
completeness, safety or legality of the information provided by its
users or channels.

 

EXCEPT AS EXPRESSLY STATED HEREIN, WE
DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,
OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY
STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT
NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FOR ANY BREACH OF THESE TERMS AND CONDITIONS,
OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED
THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL WE BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS
OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

 

WE SHALL NOT BE LIABLE IF WE ARE UNABLE
TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS
DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF
AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION
LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR
ANY OTHER EVENT BEYOND OUR CONTROL.

 

Betwext PROVIDES THE SERVICES “AS
IS” WITH NO WARRANTIES OF ANY KIND. Betwext EXPRESSLY DISCLAIMS
ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED
OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM
ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS,
THEIR ACTS AND OMISSIONS.

 

Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to
you.

 

MEMBER DISPUTES.

 

Your interactions with other Members
in connection with the Services or with advertisers, including, without
limitation, payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and the other Members or the advertiser.
You agree that Betwext will not be responsible for any loss or damage
incurred as the result of any such dealings or with respect to any other
Member’s use or disclosure of your personally identifiable information.
If there is a dispute between you and any third party (including, without
limitation, any Member), Betwext is under no obligation to become
involved; however, we reserve the right, but have no obligation, to
monitor disputes between you and other Members.

 

Advertising and Usage

 

You understand that, except for advertising
programs offered by us on The Website or the services, that the Service
and The Website or the services are available for your personal, non-commercial
use only. You represent, warrant and agree that no materials of any
kind submitted through your account or otherwise posted or shared by
you through the Service will violate or infringe upon the rights of
any third party, including copyright, trademark, privacy, publicity
or other personal or proprietary rights; or contain libelous, defamatory
or otherwise unlawful material. You further agree not to harvest or
collect email addresses or other contact information of Users from the
Service or The Website or the services by electronic or other means
for the purposes of sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated scripts
to collect information from the Service or The Website or the services
or for any other purpose. You further agree that you may not use the
Service or The Website or the services in any unlawful manner or in
any other manner that could damage, disable, overburden or impair The
Website or the services.

 

In addition, you agree not to use the
Service or The Website or the services to:

 

  • upload, post, transmit, share,
    store or otherwise make available any content that we deem to be harmful,
    threatening, unlawful, defamatory, infringing, abusive, inflammatory,
    harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
    rights, hateful, or racially, ethnically or otherwise objectionable;
  • register for more than one
    User account, register for a User account on behalf of an individual
    other than yourself, or register for a User account on behalf of any
    group or entity;
  • impersonate any person or
    entity, or falsely state or otherwise misrepresent yourself, your age
    or your affiliation with any person or entity;
  • upload, post, transmit, share
    or otherwise make available any unsolicited or unauthorized advertising,
    solicitations, promotional materials, “junk mail,” “spam,”
    “chain letters,” “pyramid schemes,” or any other
    form of solicitation;
  • upload, post, transmit, share,
    store or otherwise make publicly available on The Website or the services
    any private information of any third party, including, without limitation,
    addresses, phone numbers, email addresses, social insurance numbers
    and credit card numbers;
  • solicit personal information
    from anyone under 18 or solicit passwords or personally identifying
    information for commercial or unlawful purposes;
  • upload, post, transmit, share
    or otherwise make available any material that contains software viruses
    or any other computer code, files or programs designed to interrupt,
    destroy or limit the functionality of any computer software or hardware
    or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share,
    store or otherwise make available content that would constitute, encourage
    or provide instructions for a criminal offence, violate the rights of
    any party, or that would otherwise create liability or violate any local,
    state, provincial, national or international law;
  • use or attempt to use another’s
    account, service or system without authorization from Betwext, or
    create a false identity on the Service or The Website or the services;
    or
  • upload, post, transmit, share,
    store or otherwise make available content that, in the sole judgment
    of Betwext, is objectionable or which restricts or inhibits any other
    person from using or enjoying The Website or the services, or which
    may expose Betwext or its Users to any harm or liability of any type.

 

You must use the Services in a manner
consistent with any and all applicable laws and regulations. You may
not include in your Member profile any telephone numbers, street addresses,
URLs or email addresses. You may not engage in advertising to, or solicitation
of, other Members to buy or sell any products or services through the
Services. You may not transmit any chain letters or junk email to other
Members or other parties. Although Betwext cannot monitor the conduct
of its Members off the Services, it is also a violation of these rules
to use any information obtained from the Services in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from such advertising or solicitation,
Betwext reserves the right to restrict the number of emails and other
communications (including sharing of Content) which a Member may send
to other Members in any twenty-four (24) hour period to a number which
Betwext deems appropriate in its sole discretion.

If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications
of any kind through the Service, you acknowledge that you will have
caused substantial harm to Betwext.

 

Prohibited activity includes, but is
not limited to:

 

  • criminal or tortuous activity,
    including child pornography, fraud, trafficking in obscene material,
    drug dealing, gambling, harassment, stalking, spamming, sending of viruses
    or other harmful files, copyright infringement, patent infringement,
    or theft of trade secrets;
  • covering or obscuring any Betwext
    page via HTML/CSS or any other means;
  • interfering with, disrupting,
    or creating an undue burden on the Service or the networks or services
    connected to Betwext;
  • attempting to impersonate
    another Member or person;
  • using the account, username,
    or password of another Member at any time or disclosing your password
    to any third party or permitting any third party to access your account;
  • selling or otherwise transferring
    your profile;
  • using any information obtained
    from the Service in order to harass, abuse, or harm another person;
  • using the Service in a manner
    inconsistent with any and all applicable laws and regulations.

 

OTHER MATTERS.

 

This Agreement contains the entire agreement
between you and Betwext regarding the use of the Services.

If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed to be severed from the rest of this Agreement
and shall not affect the validity and enforceability of any remaining
provisions.

 

Notwithstanding any other provisions
herein, no party will be deemed as a third-party beneficiary to this
Agreement and a third party (including another Member) who is not a
party to this Agreement has no right to enforce any term of this Agreement.

The failure of Betwext to exercise
or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision.

 

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

The provisions of this Agreement will
ensure to the benefit of and be binding upon each of Betwext and
its Providers and each of their respective successors and assigns and
related persons and you and your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. You may not assign
this Agreement or your rights and obligations under this Agreement without
the express prior written consent of Betwext, which may be withheld
in Betwext’s sole discretion. Betwext may assign this Agreement
and its rights and obligations under this Agreement without your consent.

No waiver, express or implied, by either
party of any breach of or default under this Agreement will constitute
a continuing waiver of such breach or default or be deemed to be a waiver
of any preceding or subsequent breach or default.

You and Betwext are independent contractors
and no agency, partnership, joint venture, employment or franchise relationship
is intended or created by this Agreement or your use of The Website
or the services.

 

Any rights not expressly granted by this
Agreement are reserved to Betwext.

 

This Agreement is subject to change without
notice. Please contact us with any questions regarding this Agreement.

Effective Date: This Terms of Use Agreement
was last updated on July 7, 2010.

 

THE FOREGOING TERMS AND CONDITIONS APPLY
UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

Betwext LLC hosts and operates this website

 

Contact by mail:

 

Betwext

2487 S. Gilbert Rd.

Suite 106-626

Gilbert, Arizona 85295

 

Contact by Email: info@betwext.com

 

Contact by Phone: 877-846-8129