SMS TERMS AND CONDITIONS

AGREEMENT TO TERMS

Hello, and welcome to TBA(“The Service”), owned and operated by TBAlerts (“The Company”). TBAlerts is a company that alerts customers on how to save on a wide variety of items. What they do with that money is completely up to them, spend it on food, travel, vacation, or anything else! What matters for us is that you are getting that money in the first place.

TBAlerts reserves the right to change the Terms of Use. The most current version will be accessible through https://tbalerts.com/sms-terms

By signing up for the TBA SMS service through our website, you are agreeing to sign up for the TBA Service, these Terms of Use, and to receive messages on your mobile phone. When you sign up for the TBA service, you will receive recurring messages based on account activity.

Fees

TBAlerts does not charge you to participate in the TBA Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will TBAlerts be responsible for fees that your wireless carrier may charge you for use of The TBA service.

Privacy

TBAlerts respects and protects your privacy. We do not share any information collected. To see our Privacy Policy, click here https://tbalerts.com/sms-privacy-policy

Limitations on Use

You must be at least 17 years old to register for and use the TBA service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the TBA service.

Supported Carriers

Mobile carriers are not liable for delayed or undelivered messages. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.

Support Issues, Canceling or Unsubscribing

You may opt out of the TBA service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 25456. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject line. For help or other support issues, you can also send an email to [email protected] Text HELP to 25456 from your mobile phone or call the following toll-free phone number: 855-748-3785 Ownership; Trademarks; Modifications to Offers

You agree that TBAlerts or its partners will own all legal right, title and interest in and to the TBA services and any offers made through the TBA services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the TBA service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to the TBA services or offers made through the TBA services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.

Termination

TBAlerts reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.

Disclaimer of Warranties

TBAlerts makes no warranties, express or implied regarding the TBA service. The TBA service is provided “as is” and on an “as available” basis, and TBAlerts DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of TBAlerts including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the TBA service. TBAlerts is not responsible for any acts that are beyond the control of TBAlerts

Limitation of Liability

Under no circumstances will TBAlerts , its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the TBA service. Including without limitation, any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, TBAlerts will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will TBAlerts be liable for any damages or liability arising under these terms of use or your use of the TBA service that exceeds US $500.

Indemnity

You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue

This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Texas, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.