Terms and Conditions

Agreement and Definitions

• Software
  • Refers to the Biz Text proprietary software of Provider used for the entry and display of obituaries. Software includes, but is not limited to, the Biz Text dashboard for receiving and sending texts, Biz Text API, WordPress and Javascript plugins
• Content
  • Refers to any content that is entered into Software, or appears around the display of Software, and includes phone numbers, contacts, and text messages
• Provider
  • Biz Text, the company providing the Software
• User
  • The person or entity using the Software
  • If you have registered as or on behalf of an entity, such as a corporation, partnership, limited liability company or other entity, then “User” refers to the entity, and you represent and warrant that you have power and authority to enter into this Agreement on behalf of the entity

• Agreement
  • ‘This Agreement’ refers to this Terms and Conditions Agreement between Provider and User
  • By clicking the “Accept” button for this Agreement at the time of sign up and/or using Software, User confirms acceptance of, and agrees to be bound by, this Agreement
  • Therefore, the parties agree as follows:

USER RESPONSIBILITIES

User Agrees Content Will Not Include the Following Prohibited Categories

• High-risk financial services
  • Payday loans, Short term high-interest loans, New loan soliciting. Third-party loans, Student loans, Cryptocurrency, Stocks and investing platforms
• Third-party lead generation services and marketing
  • Companies, NGOs or political campaigns that buy, sell, or share consumer information, Affiliate lending, Affiliate marketing, Deceptive marketing
• Debt collection or forgiveness
  • Third-party debt collection, Debt consolidation, Debt reduction, Debt relief, Credit/debt repair
• “Get rich quick” schemes
  • Deceptive work-from-home programs, Risk investment opportunities, Pyramid schemes, Mystery Shopping, Multi Level Marketing (MLM)
• Illegal substances/articlesCannabis
  • CBD, Kratom, Paraphernalia products, Vape/E-cigs, Fireworks
• Prescription drugs
  • Drugs that require a prescription
• Gambling
  • Casino apps, Websites that offer gambling, Sweepstakes, 50/50 Raffles, Contests, Betting/Sports picks
    “S.H.A.F.T.” use cases and electronic smoking devices
• Sex, Hate, Alcohol, Firearms, Tobacco, Vape/E-ciggs

User Agrees Not To

• violate any applicable law, rule or regulation
• engage in fraudulent activity of any kind
• directly or indirectly use Website Software in any way that would breach this Agreement or would be abusive, harassing, racist, obscene, exclusionary to race or culture, tortious, or otherwise could result in civil or criminal liability. Provider has the right, but not the obligation, to remove any such material.
• provide Content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity))
• use software in unethical or illegal methods
• provide false or misleading information or impersonate any person or entity
• misrepresent any product or business
• interfere with or disrupt the Website Software or servers, networks or communications systems connected to Website Software and its functionality of Provider or any third party
• disassemble, reverse engineer, modify, adapt, scrape or create derivative works of, rent (including on a time sharing, applications service provider or cloud service basis), lease, lend, sell, or redistribute the Website Software
• use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Website Software
• use any automated system, such as “robots” or “spiders,” to access, scrape or monitor Website Software

Termination

• Either party may terminate this Agreement
•  User
  • User may terminate this agreement and discontinue usage at anytime with notice
• Provider
  • May terminate this Agreement and suspend or terminate access to all or any portion of the of the Website Software for any of the following:
    • material breach of this Agreement
    • illegal or fraudulent activity
    • Prohibited content
  • Termination or suspension may be immediate and/or without notice, though Provider shall use reasonable efforts to give prompt notice (including email) of the suspension or termination.
• Provider may terminate this Agreement at any time for non-material breach of this Agreement, if providers terminates this Agreement for any reason not related to a material breach, Provider will give a 30 day notice

Amendments

• Provider may amend this Agreement at any time by
  • (a) posting a revised version accessible via its websites, and/or
  • (b) sending information regarding the amendment to User’s email address of record with User.
• User shall be deemed to have accepted such amendments by continuing to use its Website Software after such amendments have been posted or sent to User. If User does not agree to any of such changes, User may terminate this Agreement and immediately cease utilizing the Website Software and agree that such termination will be User’s exclusive remedy in such event.

Updated: September 10, 2023