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 ©2010 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: 480 626 5106


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.


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