Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE

Welcome to TykeSMS.com, web site owned and operated by TripleTee Software Company. These Terms and Conditions apply to all Websites. The goal of this Web Site is to provide you with access to the products/services to meet your SMS needs. These Terms and Conditions (the "Terms") shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The use of this Web Site constitutes an agreement by you, the user, that your use is governed by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEB SITE. TripleTee Software Company ("TripleTee", "We", "Us", "Our") reserves the right to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. Please periodically review these Terms because your continued usage of this Web Site indicates your agreement with any revisions to these Terms.

INFORMATION PROVIDED ON THIS WEB SITE

The information contained on this Web Site is provided as an aid for users. We cannot guarantee the accuracy, completeness, correctness or timeliness of such information. You are responsible for confirming the accuracy and reliability of all information provided on this Web Site prior to making any decisions based on such information. The information appearing on this Web Site is intended solely as general guidance and does not constitute legal, tax, accounting or any other professional advice.

TRADEMARKS, COPYRIGHTS AND ALL INTELLECTUAL PROPERTY

TykeSMS.com is owned and operated by TripleTee Software Company, 1574 Gulf Rd. #262, Point Roberts, WA 98281. All content on this Web Site, including, but not limited to images, illustrations, icons, photographs and written and other materials that are part of this Web Site is protected by copyrights, trademarks, service marks, and/or intellectual property rights (which are governed by U.S., Canadian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes) and are owned and controlled by TripleTee Software Company or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to TripleTee Software Company. No information from this Web Site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of TripleTee Software Company. You may print a copy of the Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not use on your Web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of TripleTee Software Company.

LINKS TO OTHER WEB SITES

This Web Site may contain links to other Web sites ("Linked Sites"). These Linked Sites are provided exclusively as a convenience to you and do not constitute an endorsement or approval by TripleTee Software Company of the content on such Linked Sites. You may not establish a hyperlink to this Web Site, or provide any links, that state or imply any endorsement or sponsorship of your Web site by TripleTee Software Company.

PROHIBITED ACTIVITIES

You are prohibited from violating or attempting to violate the security of the Web Site. You agree not to use or permit others to use this Web Site for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site"s infrastructure, including but not limited to "spam" or other such unsolicited mass E-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purposes; (c) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (d) upload, post, E-mailing or otherwise transmitting any information, content, or proprietary rights that you do no have a right to transmit under any law or under contractual or fiduciary relationships; (e) using any spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages or the Content without our prior written permission; and (f) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. TripleTee Software Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users that are involved in such violations.

ACCOUNTS AND REGISTRATION

To the extent that a Password, including a User Name, ("Password") is provided to you for access to any portion of this Web Site, you agree to keep this Password confidential and to notify TripleTee Software Company promptly in writing to TripleTee Software Company, 1574 Gulf Rd. #262, Point Roberts, WA 98281 or by Fax at 1-866-263-2667 if such Password is lost or stolen or if you become aware of unauthorized use of such Password. You acknowledge that you are fully responsible for all activities that occur under your Password.

USER PROVIDED INFORMATION

By submitting your Name, Address, Phone, E-mail and/or any other information ("Information") to TykeSMS.com, owned and operated by TripleTee Software Company, through the Web Site, you hereby give us permission to use and disclose this information in accordance with TykeSMS.com Privacy Policy and these Terms. Please review the Privacy Policy before submitting any personally identifiable information to TykeSMS.com. In using our services you warrant, represent and agree that: (a) you are of legal age (18 year old or over in most States); (b) you will provide TykeSMS.com with accurate and truthful information.

ASSIGNMENT

You may not assign these Terms, in whole or part, without TripleTee Software Company's prior written consent, and any attempted assignment without such consent shall be null and void. TripleTee Software Company may assume and assign these Terms without your consent to a successor in interest in connection with a change of control, merger, sale of all or substantially all if its assets to which this Agreement relates or other corporate reorganization.

TERMINATION OF SERVICES

TripleTee Software Company reserves the right to remove any and all information on the Web Site and/or to cancel any and all services provided on or through the Web Site or provided to anyone at any time if TripleTee Software Company has reason to believe you are in breach of these Terms or any other obligations owed to TripleTee Software Company, then without limiting any other remedies, TripleTee Software Company may issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and/or account and delete any other information placed by you the Web Site at TripleTee Software Company's sole discretion.

NO WARRANTIES AND LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TRIPLETEE SOFTWARE COMPANY SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS. TRIPLETEE SOFTWARE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. THE FACTUAL INFORMATION CONTAINED IN THIS WEB SITE IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND ACCURATE. ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. TRIPLETEE SOFTWARE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TRIPLETEE SOFTWARE COMPANY, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT ABAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. TRIPLETEE SOFTWARE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. TRIPLETEE SOFTWARE COMPANY AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY PERONAL INJURY SUSTAINED THROUGH YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. IN NO EVENT SHALL TRIPLETEE SOFTWARE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT TRIPLETEE SOFTWARE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER TRIPLETEE SOFTWARE COMPANY, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS) NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TRIPLETEE SOFTWARE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Canada. Any action you, any third party or TripleTee Software Company brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the provincials or Federal courts located in and for BC, Canada and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Website is operated by TripleTee Software Company from its offices in BC, Canada.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TripleTee Software Company, the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS

These Terms are for the benefit of TripleTee Software Company and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

FORCE MAJEURE

TripleTee Software Company shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God, civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by TripleTee Software Company to link its servers to the Internet.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between TripleTee Software Company, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TRIPLETEE SOFTWARE COMPANY.