Terms and Conditions

TEXTiUM® Instant Values Terms and Conditions

The following TEXTiUM® Instant Values Terms and Conditions (“Terms and Conditions”) are inclusive of the TEXTiUM® Instant Values Privacy Policy (“Privacy Policy” and, collectively, the “Agreement”). The Agreement governs the relationship between you and TEXTiUM LLC (“TEXTiUM®,” “we,” “our” or “us”).

Each end-user (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he sends an SMS text message (“User Text”) to the number supplied on the direct mail notice (“Mailer”) sent by either TEXTiUM’s®: (a) third-party auto dealer clients (“Third-Party Dealers”) in order to receive a “Trade Value Certificate” which contains: (i) an estimated vehicle value (“Auto Value Estimate”) for the User’s used automobile (“User Vehicle”), as provided directly by the third-parties (“Third-Party Auto Database Operators”) that operate a proprietary database of automobile valuations (“Third-Party Auto Database”); and (ii) an estimated state tax savings associated with a vehicle trade in, depending on the User’s state of residence and value of the automobile buy-back, as calculated in reliance on publicly available sales tax rates and information made available by and through the Third-Party Auto Database (“Tax Estimate”); or (b) third-party real estate clients (“Third-Party Realtors”) in order to receive a “Home Value Certificate” which contains an estimated home/property value (“Home Value Estimate,” and together with the Auto Value Estimates, the ”Value Estimates”) for the User’s home/property (“User Real Property”), as provided directly by the third-parties (“Third-Party Home Database Operators,” and together with the Third-Party Auto Database Operators, the “Third-Party Database Operators”) that operate a proprietary database of home valuations (“Third-Party Home Database,” and together with the Mailer, Trade Value Certificate, Value Estimates, Third-Party Auto Database and Tax Estimate, the “Mailer Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE MAILER OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST TEXTiUM®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY DEALERS, THIRD-PARTY REALTORS, THIRD-PARTY DATABASE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

NEITHER THE TRADE VALUE CERTIFICATE NOR THE AUTO VALUE ESTIMATE CONSTITUTES AN OFFER TO PURCHASE YOUR USER VEHICLE OR A GUARANTEED TRADE-IN ALLOWANCE FOR YOUR USER VEHICLE. THE ACTUAL VALUE OF YOUR USER VEHICLE WILL VARY BASED ON CONDITION, MILEAGE, USAGE, ACCESSORIES AND OTHER FACTORS. NEITHER THE HOME VALUE CERTIFICATE NOR THE HOME VALUE ESTIMATE CONSTITUTES AN OFFER TO PURCHASE YOUR USER REAL PROPERTY. THE ACTUAL VALUE OF YOUR USER REAL PROPERTY WILL VARY BASED ON THE CONDITION OF THE HOME’S CONSTRUCTION, THE LOCATION OF THE USER REAL PROPERTY, THE ATTRACTIVENESS OF THE NEIGHBORHOOD, ENVIRONMENTAL FACTORS AND OTHER RELATED FACTORS.

Please be advised that: (a) TEXTiUM® does not provide the Auto Value Estimates associated with User Vehicles or Home Value Estimates associated with User Real Property; (b) TEXTiUM® does not provide tax or legal advice of any kind; (c) TEXTiUM® does not offer any real estate-related products and/or services or automobile-related products and/or services, including automobile buy-backs, sales and/or rentals; and (d) nothing we do, and no element of the Mailer Offerings, should be construed as such. The Value Estimates are determined by the applicable Third-Party Database Operators, and not TEXTiUM®. The Tax Estimates are calculated by TEXTiUM® using publicly available sales tax data and represent approximations only. The Tax Estimate is an estimate (at the upper end of the estimated trade-in value range) of the potential sales tax savings that an average purchaser in your state could receive by trading in a vehicle. The potential sales tax savings is obtained by applying the value of the User Vehicle to the purchase price of a replacement vehicle, as compared to paying cash for the entire purchase price of the replacement vehicle.

Reliance on any information made available to you by and through the Mailer Offerings, including the Value Estimates, Tax Estimates and/or Content (as defined below), is done solely at your own risk. TEXTiUM® disclaims any and all liability for any loss, damage or injury resulting from information directly or indirectly obtained through the Mailer Offerings.

The ultimate terms and conditions of any User Vehicle buy-back and/or automobile-related products and/or services made available in connection with the Mailer Offerings will be determined by the applicable Third-Party Dealers. The ultimate terms and conditions of any real estate-related products and/or services made available in connection with the Mailer Offerings will be determined by the applicable Third-Party Realtors.

You should always check with your attorney, accountant and/or other financial services providers to be sure that any advice, products and/or services offered by and/or through the Mailer Offerings are appropriate for you. In particular, you should contact a tax professional for advice regarding any tax-related implications associated with the Tax Estimates and associated User Vehicle related commercial transactions.

1. Scope; Modification of Agreement. The Agreement, as posted on this web page (the “Site”), constitutes the entire and only agreement between Users and TEXTiUM® with respect to Users’ use of the Mailer Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. TEXTiUM® may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any new Mailer Offerings. By a User’s continued use of the Mailer Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

2. Requirements. The Mailer Offerings are available only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Mailer Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Mailer Offerings.

3. User Texts; User Data. Where a User transmits a User Text to TEXTiUM®, TEXTiUM® collects that User’s mobile telephone number and combines it with other personal information of that User that TEXTiUM® has collected directly and/or from third-party sources (collectively, “User Data”). Upon receipt of a User Text, TEXTiUM® will transmit the User Data to the applicable Third-Party Dealer. Without limiting the foregoing, TEXTiUM’s® use of User Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here

4. Trade Value Certificate, Auto Value Estimates and Tax Estimates. Upon transmitting a User Text to the number supplied on the Mailer sent on behalf of a Third-Party Dealer, TEXTiUM® will respond, via MMS text message, with a Trade Value Certificate which contains an Auto Value Estimate (as same is provided by the applicable Third-Party Database Operator) and Tax Estimate for that User’s User Vehicle. Users may then decide to contact the applicable Third-Party Dealer in connection with the Auto Value Estimate and Tax Estimate, and associated automobile-related products and/or services. Please be advised that: (a) TEXTiUM® does not provide the Auto Value Estimates associated with User Vehicles; (b) TEXTiUM® does not provide tax or legal advice of any kind; (c) TEXTiUM® does not offer any automobile related products and/or services, including automobile buy-backs, sales and/or rentals; and (d) nothing we do, and no element of the Mailer Offerings, should be construed as such. The Auto Value Estimates are determined by the Third-Party Auto Database Operators, and not TEXTiUM®. The Tax Estimates are calculated by TEXTiUM® using publicly available sales tax data and represent approximations only. The Tax Estimate is an estimate (at the upper end of the estimated trade-in value range) of the potential sales tax savings that an average purchaser in your state could receive by trading in a vehicle. The potential sales tax savings is obtained by applying the value of the User Vehicle to the purchase price of a replacement vehicle, as compared to paying cash for the entire purchase price of the replacement vehicle. You understand and agree that TEXTiUM® shall not be liable to you or any third-party for any Auto Value Estimates, Tax Estimates and/or any automobile related products and/or services offered by any Third-Party Dealer and/or Third-Party Auto Database Operator.

5. Home Value Certificate and Home Value Estimates. Upon transmitting a User Text to the number supplied on the Mailer sent on behalf of a Third-Party Realtor, TEXTiUM® will respond, via MMS text message, with a Home Value Certificate which contains an Home Value Estimate (as same is provided by the applicable Third-Party Home Database Operator). Users may then decide to contact the applicable Third-Party Realtor in connection with the Home Value Estimate and associated real estate-related products and/or services. Please be advised that: (a) TEXTiUM® does not provide the Home Value Estimates associated with User Real Property; (b) TEXTiUM® does not provide tax or legal advice of any kind; (c) TEXTiUM® does not offer any real estate-related products and/or services; and (d) nothing we do, and no element of the Mailer Offerings, should be construed as such. The Home Value Estimates are determined by the Third-Party Home Database Operators, and not TEXTiUM®. You understand and agree that TEXTiUM® shall not be liable to you or any third-party for any Home Value Estimates and/or any real estate-related products and/or services offered by any Third-Party Realtor and/or Third-Party Home Database Operator.

6. Content. The Mailers contain content which includes, but is not limited to, text, images, graphics and other information pertaining to the: (a) Third-Party Dealers and their respective automobile-related products and/or services; and (b) Third-Party Realtors and their respective real-estate related products and/or services (collectively, “Content”). The Content is provided by the Third-Party Dealers and/or Third-Party Realtors, as applicable, and not TEXTiUM®. TEXTiUM® does not control the Content provided by Third-Party Dealers and/or Third-Party Realtors that is made available by and through the Mailer Offerings. TEXTiUM® cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such Content. Please be advised that TEXTiUM® does not verify or fact-check statements made by Third-Party Dealers and/or Third-Party Realtors in connection with the Content. Such Third-Party Dealers and Third-Party Realtors, as applicable, are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. TEXTiUM® does not represent or warrant that the Content and other information posted by and/or through the Mailer Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that TEXTiUM® will not be responsible for, and TEXTiUM® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Dealers and/or Third-Party Realtors. Users agree that TEXTiUM® shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Mailer. Reliance on any Content or other information made available to you by and through the Mailer Offerings is solely at your own risk.

7. Interactions. Users are solely responsible for their interactions with Third-Party Dealers, Third-Party Realtors and/or Third-Party Database Operators. Because TEXTiUM® is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Dealers, Third-Party Realtors and/or Third-Party Database Operators, you hereby release TEXTiUM® from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

8. Non-Endorsement; Passive Conduit.

(a) TEXTiUM® is a passive, third-party marketing service provider used by Third-Party Dealers and Third-Party Realtors. TEXTiUM® does not sponsor, recommend or endorse any Third-Party Dealer and/or Third-Party Realtor that is accessible by or through the Mailer Offerings. TEXTiUM® does not guarantee that Users will successfully find User Vehicle buy-back, User Real Property realty services or other related, products and/or services through use of the Mailer Offerings.

(b) Please use caution and common sense when using the Mailer Offerings. TEXTiUM® in no way endorses the accuracy, content or legality of any Value Estimates, responses, statements or promises made by Third-Party Dealers, Third-Party Realtors, Third-Party Database Operators and/or any other parties featured by or through the Mailer Offerings, as applicable.

(c) The determination of the need for a new automobile and the choice of automobile dealers are important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third-Party Dealer. The determination of the need to purchase and/or sell real property and the choice of realtors are important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third-Party Realtor.

(d) TEXTiUM® does not involve itself in the agreements between Users and Third-Party Dealers or the actual provision of User Vehicle, or other automobile-related, products and/or services in connection with the relationships created thereby. TEXTiUM® does not involve itself in the agreements between Users and Third-Party Realtors or the actual provision of real estate-related products and/or services in connection with the relationships created thereby.

9. Representations and Warranties. Each User hereby represents and warrants to TEXTiUM® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against such User; and (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Mailer Offerings and that User has not relied on any representation and/or warranty other than those set forth in the Agreement.

10. Indemnification. User agrees to indemnify, defend and hold TEXTiUM®, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (b) User’s unauthorized and/or improper use of the Mailer Offerings. The provisions of this Section 10 are for the benefit of TEXTiUM®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Mailer Offerings. TEXTiUM® may terminate this license at any time for any reason. Unless otherwise expressly authorized by TEXTiUM®, Users may only use the Mailer Offerings for their own personal, non-commercial use. No part of the Mailer Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Mailer Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Mailer Offerings. No User or other third-party may use the Mailer Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Mailer Offerings for any commercial purposes not expressly permitted by TEXTiUM®. Each User further agrees to indemnify and hold TEXTiUM® harmless for that User’s failure to comply with this Section 11. TEXTiUM® reserves any rights not explicitly granted in the Agreement.

12. Proprietary Rights. The Mailer Offerings, as well as the organization, graphics, design, compilation, software and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Mailer Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Mailer Offerings. The inclusion of information or material by and through the Mailer Offerings does not constitute a waiver of any right in or to such information and/or materials. The “TEXTiUM” name and logo, and all associated graphics, icons and service names, are trademarks of TEXTiUM LLC. All other trademarks, brand names, custom graphics, icons and service names appearing on the Mailer are the intellectual property of their rightful owners including, without limitation, the applicable Third-Party Dealers and/or Third-Party Database Operators. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the Mailer Offerings is a violation of criminal and civil law and TEXTiUM® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

14. Disclaimer of Warranties. THE MAILER OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TEXTiUM® MAKES NO WARRANTY THAT THE MAILER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE YOU TO REALIZE ANY SPECIFIC USER VEHICLE OUTCOME, USER REAL PROPERTY OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE MAILER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM TEXTiUM® OR OTHERWISE THROUGH OR IN CONNECTION WITH THE MAILER OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

15. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT TEXTiUM® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXTiUM® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE MAILER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED IN CONNECTION WITH THE MAILER OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD-PARTY DEALERS, THIRD-PARTY REALTORS, THIRD-PARTY DATABASE OPERATORS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC USER VEHICLE OUTCOME, USER REAL PROPERTY OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE MAILER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES TEXTiUM® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF TEXTiUM® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE MAILER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR TEXTiUM® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND TEXTiUM®. ACCESS TO THE MAILER OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF TEXTiUM® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Editing, Deleting and Modification. TEXTiUM® reserves the right, in its sole discretion, to edit and/or delete any documents, information or content appearing on the Site.

17. Use of User Data. All collection, use and sharing of User Data shall be done in accordance with the Privacy Policy. For a copy of the Privacy Policy, please click here

18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You hereby agree to arbitrate all claims that you may have against TEXTiUM® or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and TEXTiUM® and/or any Covered Party including, without limitation, any matter concerning the Mailer Offerings, the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, New York, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any Covered Entity and/or TEXTiUM®, as well as any of its/their employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that TEXTiUM® and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

19. Miscellaneous. To the extent that anything in or associated with the Mailer Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. TEXTiUM’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. TEXTiUM® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.

20. Contact Us. If you have any questions about the Agreement, Mailer Offerings or the practices of TEXTiUM®, you may email us as at: support@textium.com; call us at: 833.839.8496; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.