Text4.us Terms and Conditions of Usage
Last Revised: June 30, 2014
By opting-in to this service, you acknowledge your express consent to receive real
estate resources and news, property information and updates, and/or promotional
offers via electronic messaging. You may withdraw this consent anytime by texting
STOP to the short code 555000. This withdrawal method will be clearly spelled out
in each electronic message.
The Text4.us service and related products and services (collectively, the "Service")
is provided to you, the end user, by ConsulNet Computing Inc. ("ConsulNet")
on behalf of an independent real estate agency practice and/or mortgage brokerage
practice (the "Information Provider"). ConsulNet is merely a service provider
for the Information Provider and the Service is provided to you on its behalf. The
terms and conditions set out in this document as amended from time to time in accordance
with this provision (the "Terms") govern your use of the Service. These Terms
come into automatically effect once you send a message to the short code 555000.
ConsulNet may at any time revise these Terms, without notice, by updating the posting
of these Terms at http://www.text4.us/terms.htm and changing the "Last Revised"
date reference at the top of these Terms. It is your responsibility to check these
Terms regularly for any such revisions. If you do not wish to be further bound by
the Terms as amended, you must opt out of the Service immediately by texting STOP
to the short code 555000. Your continued use of the Service will evidence your agreement
to be bound by the Terms effective as of the time they were amended by ConsulNet.
When you respond to an advertisement, such as a real estate sign rider or classified
ad, by texting the designated message/keyword to the short code 555000, you will
receive a message with a link to the information you have requested. That message
is sent by ConsulNet on behalf of the Information Provider and the information contained
in the message is provided on behalf of the Information Provider. Examples of information
that can be obtained through the Service include but are not limited to: property
listing photo and details, home buying and selling reports, home tour schedules
and updates, and access to VIP sites where you can create your own personal VIP
buying/selling plan with the Information Provider. You may also be contacted directly
by the Information Provider, via phone, text or email.
ConsulNet does not charge you for the Service; however message and data rates may
apply, for example for text messaging or mobile browsing.
In connection with the Service, certain information about you may have been, and
may be, collected, used or disclosed by ConsulNet and/or Information Provider (such
information, other than the name, title or business address or telephone number
of an employee of an organization, the "Personal Information"). You hereby
consent to ConsulNet and Information Provider's collection, use and disclosure of
your Personal Information for the purposes described below.
You acknowledge and agree that (a) ConsulNet may use such Personal Information for
its own product development purposes, including to design and provide services to
others, and in order to respond to your requests or other inquiries via the Service;
(b) ConsulNet may disclose such Personal Information to the Information Provider
in furtherance of the purposes set out in (a) above; and (c) Information Provider
may use and/or disclose such Personal Information in accordance with its privacy
policies, in which case you acknowledge and agree that the collection, use and disclosure
of such Personal Information shall be subject to the privacy policies of the Information
Please feel free to contact us with any questions at firstname.lastname@example.org. You can receive
help by texting HELP to the short code 555000.
Opt-in to the Service is initiated by responding to an advertisement placed by the
Information Provider by texting a specified message to the short code 555000. You
may withdraw your consent and opt-out anytime by texting STOP to the short code
The frequency of text messages you will receive is based on profile. When
requesting property listing details and photos and/or a complimentary report, you
will receive a single reply text message that will include a link to the information
you have requested.
Local property updates from the Information Provider provide you with updates if
details for specific "watched" properties change, or if new properties are added
to search criteria you specify. When subscribing to these updates, you will receive:
1. A Confirmation of your request to join.
2. An Update message when there is new or updated listing information available
in your member area. The frequency of these update messages will vary for each user.
ACS Wireless, All West Wireless, Alltel, AT&T Wireless, Bluegrass, Boost US, Cambridge
Telecom, Cellcom, Cellular One of NE PA, C-Spire, Centennial, Cincinnati Bell, Cingular
Wireless, Cox Wireless , Cricket Communications, Denali , Dobson, ECIT - Cellular
One of East Central Illinois, EKN - Appalachian Wireless, Element Mobile , FMTC
- Farmer's Mutual Telephone Company, GCI - General Communications, Golden State
Cellular , Illinois Valley Cellular, Immix, Inland Cellular, iWireless (Iowa Wireless
Services) , Metro PCS, Midwest Wireless, MTPCS , Nex-Tech Wireless, NNTC - Nucla-Naturita
Telephone Company, nTelos, Plateau Wireless , Revol, Silver Star PCS, Snake River
PCS, South Central, Sprint, Syringa, T-Mobile US, Thumb Cellular, UBET Wireless,
Unicel, United Wireless, U.S. Cellular, Verizon Wireless, Viaero Wireless , Virgin
US, West Central Wireless
Aliant Mobility, Bell Mobility, Fido, NorthernTel Mobility, Rogers Wireless, SaskTel
Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile, Mobilicity(coming soon),
MTS, Télébec Mobilité, TELUS Mobility
ConsulNet can be contacted (i) in writing to the attention of ConsulNet at 2150
Islington Avenue, Suite 200, Toronto, ON, M9P 3V4; (ii) by email to email@example.com;
(iii) by fax to 416-227-0050; or (iv) by such other means specified in writing by
ConsulNet.The Information Provider can be contacted at the contact details specified
in its advertisement.
You acknowledge that, as between you and ConsulNet, all content of the Service belongs
to Information Provider or ConsulNet. Such proprietary information includes, without
limitation, all images, graphics, graphical user interfaces, data, charts, graphs,
text, mailing lists, contact information, audio, music, videos, names, marks, logos,
designs and other content comprising or used in association with the Service and
the selection, compilation and arrangement of the Service, and all related software
(collectively, the "Proprietary Content"). You further acknowledge that any
modifications to the Proprietary Content are, to the extent permitted by law, protected
by applicable international intellectual property laws (including copyright law,
trade-mark law and trade secret law) and are otherwise proprietary and are owned
solely by ConsulNet, its licensors or Information Provider. No rights (including
the right to translate or copy, or have translated or copied on your behalf, any
Proprietary Content) are expressly or impliedly granted by these Terms. SuccessWebsite®
is a trade-mark owned by ConsulNet and no use of such trade-mark is licensed by
The Service may contain links to third party websites. The inclusion by ConsulNet
of any linked website does not imply approval, endorsement or recommendation of
the material on such website or any association by ConsulNet with its operators.
ConsulNet does not make, and expressly disclaims, any warranty or condition, express
or implied, statutory or otherwise, as to third party websites that you or any third
party links to through the Service, including any warranties or conditions of merchantable
quality, fitness for a particular purpose or non-infringement, or any warranty that
such websites will be available, uninterrupted or error free.
You will be responsible for all activities that occur in connection with your use
of the Service. You will be responsible for any and all damage to ConsulNet, ConsulNet’s
computer systems or the Proprietary Content caused by your use of the Service or
the materials contained therein, whether knowingly, negligently or otherwise.
You expressly understand and agree that the Service is provided on an "as is" and
"as available" basis and your use of the Service is at your sole risk. Except as
expressly stated herein, there are no warranties or conditions of any kind, whether
express or implied, including the implied warranties or conditions of merchantable
quality, fitness for a particular purpose and non-infringement. For example, ConsulNet,
its affiliates and their respective suppliers and licensors, make no warranty or
condition that the Service will be available, uninterrupted, reliable, timely, secure,
private, error-free or free of computer viruses or other harmful components; or
(iii) the information that may be obtained from the Service will be complete, accurate
or reliable. Any information or other content downloaded or otherwise obtained from
or through the use of the Service is done at your own discretion and risk and you
will be solely responsible for any damage to your computer system or loss of data
that results from the download of any such information or other content. The information
and material available to you on the Service is for your information only. No advice
or information, whether oral or written, obtained by you from ConsulNet, Information
Provider, ConsulNet’s its affiliates or their respective suppliers and licensors,
or through or from the Service, shall create any warranty or condition not expressly
stated herein. All materials displayed or accessible to you on the Service or otherwise
are not to be a substitute for specific legal or financial advice. We advise you
to seek out your own independent legal and financial advice regarding use of such
materials and their content.
In no event shall ConsulNet, its affiliates or their respective directors, officers,
employees, suppliers or licensors be liable to you or any third party for any damages
whatsoever, including direct, indirect, incidental, special, consequential or exemplary
damages (including damages for loss of profits, loss of data, loss of goodwill,
business interruption, damage to reputation or other intangible losses), whether
based on breach of contract (including fundamental breach or breach of a fundamental
term), tort (including negligence), misrepresentation (whether negligent or otherwise),
breach of warranty or otherwise, arising out of or in connection with (i) the use
or inability to use the Service; (ii) unauthorized access to or alteration of the
content on the Service; or (iii) any other matter relating to the Service.
Your sole remedy against ConsulNet, its affiliates or their respective directors,
officers, employees, suppliers or licensors, for any liability shall be to cease
visiting or using the Service and any materials therein.
You agree to indemnify and hold ConsulNet, its affiliates and their respective directors,
officers, employees, suppliers and licensors, harmless from any demand, claim, action,
suit, proceeding, expenses, losses or damages of any kind whatsoever, including
reasonable legal fees, brought by any third party due to, or arising out of, your
use of the Service, or your violation of these Terms.
Nothing in these Terms shall be construed as a partnership or joint venture between
the parties and neither party is the agent of the other.
These Terms shall be treated in all respects as terms and conditions agreed to in
Ontario, Canada. These Terms and any matter applicable to your use of the Service
shall be governed by the laws of the Province of Ontario and the laws of Canada
applicable therein, without regard to any conflict of laws provisions. Any dispute
shall be settled in the courts located in the City of Toronto in the Province of
Ontario, though the foregoing shall not limit the ability of ConsulNet to seek injunctions
and remedies in other jurisdictions which are required to stop continuing breaches
of these Terms by you.
These Terms constitute the entire agreement between you and ConsulNet regarding
your use of the Service and supercede any previous oral or written representations,
negotiations or agreements. In the event of any inconsistency between these terms
and any other ConsulNet publication, the provisions of these Terms shall take precedence
to the extent of the inconsistency. If any provision of these Terms is found to
be invalid by a court of competent jurisdiction, in whole or in part, the invalidity
of such provision or part thereof shall not affect the validity of the remaining
provisions, or part thereof, which shall remain in full force and effect. No changes
or amendments to these Terms shall be binding upon ConsulNet unless accepted by
ConsulNet in writing.No waiver of any of these provisions shall be deemed a further
or continuing waiver of such provision or any other provision of these Terms. No
failure on the part of either party to exercise, and no delay in exercising, any
right under these Terms shall operate as a waiver of such right.
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