Terms of Use

Definitions:

Message:
A “message” is any communication sent by a user using TextBehind Service whether it contains text, image, images, illustration, theme or other information to a person in user’s contact list.

Service Delivery:
TextBehind Service cannot deliver any message to the prison facility in person. Therefore delivery confirmation and guarantee does not apply. TextBehind Service drops all message envelops in the USPS® mailbox each business day before 4:00pm. At this point, the Service Delivery by TextBehind, Inc. is deemed complete. Beyond this point, the actual delivery of the message order depends on the USPS transit process and prison staff’s internal processing and hand delivery to the inmate. TextBehind Service does not control or influence USPS or prison staff and is not liable for any 3rd party failure resulting in undelivered message.

3rd Party:
3rd Party includes but are not limited to any entity that TextBehind Service relies upon for delivering a message to the inmate such as United States Postal Service (USPS), prison facilities, prison staff, MEMO Financial Services Inc., Authorize.net, PayPal, BluePay, Flagship Merchant Services Inc., Go Daddy, Inc., COMODO and Amazon, LLC.

Courtesy Services:
In order to provide convenience, establish customer trust and facilitate transactions the TextBehind staff in good faith may reach out to the customers as well as any of the 3rd parties to inquire about the delivery status of an order to the extend permitted by the law, 3rd party terms of service and confidentiality limitations. TextBehind Service can provide such courtesy services using telephone, email, text message and/or web based IM message. TextBehind Service and staff will not be held liable if a particular requested information is not available or is not obtainable at the time of request.

The Terms

1. Introduction

a. These terms of service apply to the entire contents of the websites under the domain name www.TextBehind.com, referred to as the "TextBehind Service" and mobile apps referred to as ‘TextBehind’ and any correspondence by e-mail between you and us. Please read these terms of service carefully before using the TextBehind Service and Mobile Apps (referred to as “TextBehind Service”). Using this TextBehind Service indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the TextBehind Service. These terms of service are issued by TEXTBEHIND, INC (Maryland Department ID Number: D15683667) whose registered office is located at 3312 Paper Mill Road, Suite 200, Phoenix, MD 21131 ("us" "we" "our").

b. You may access some areas of the TextBehind Service without registering your details with us. Certain areas and services of the TextBehind Service are only open to you if you register and are logged in.

c. By accessing any part of the TextBehind Service, you shall be deemed to have accepted these terms of service in full. If you do not accept these terms of service in full, you must leave the TextBehind Service.

d. We may revise these terms of service at any time by updating this posting. You should check this content from time to time to review the then current terms of service, because they are binding on you. Certain provisions of these terms of service may be superseded by expressly designated legal notices or terms located on particular pages of the TextBehind Service.

2. Use of the TextBehind Service

a. Prices appearing on the TextBehind Service are not offers either from any applicable third parties or us. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant product or service before entering into a transaction on the TextBehind Service.

b. You are permitted to print and download extracts from the TextBehind Service for your own use on the following basis:
  • No documents or related graphics on the TextBehind Service are modified in any way;
  • No graphics on the TextBehind Service are used separately from accompanying text; and
  • Our copyright and trademark notices and this permission notice appear in all copies.

c. Unless otherwise stated, the copyright and other intellectual property rights in all material on the TextBehind Service (including without limitation photographs and graphical images) are owned by our licensors or us. For the purposes of these terms of service, any use of extracts from the TextBehind Service other than in accordance with paragraph 2(b) above for any purpose is prohibited. If you breach any of the terms in these terms of service, your permission to use the TextBehind Service automatically terminates and you must immediately destroy any downloaded or printed extracts from the TextBehind Service.

Subject to paragraph 2(b), no part of the TextBehind Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

d. Any rights not expressly granted in these terms of service are reserved.

3. TextBehind Service access

a. While we endeavor to ensure that the TextBehind Service is normally available 24 hours a day, we shall not be liable if for any reason the TextBehind Service is unavailable at any time or for any period.
b. Access to the TextBehind Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. Visitor material and conduct

a. Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to the TextBehind Service shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

b. You are prohibited from posting or transmitting to or from the TextBehind Service any material:

That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

For which you have not obtained all necessary licenses and/or approvals; or

Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the US or any other country in the world; or

That is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

c. You may not misuse the TextBehind Service (including, without limitation, by hacking).

d. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 4(b)1-4 or paragraph 4(c).

5. Message pricing and delivery

a. While we take care to ensure every message sent is delivered there may be instances in which the sending and delivery of a given message may not be possible due to factors within a prison establishment or the mail courier (e.g., USPS®) which are outside of our control.

b. Messages will not be delivered if your account does not have sufficient funds to send each message.

7. Links to and from other websites:

a. Links to third party websites on the TextBehind Service are provided solely for your convenience. If you use these links, you leave the TextBehind Service. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the TextBehind Service, you do so entirely at your own risk and we shall have no liability to you for any failure on the part of the operator of the linked website or any of its suppliers to fulfill any obligation owed to you or for any defective or deficient product or service any of them might supply to you.

b. If you would like to link to the TextBehind Service, you may only do so on the basis that you link to, but do not replicate, the home page of the TextBehind Service, and subject to the following conditions:
  • You do not remove, distort or otherwise alter the size or appearance of our logo;
  • You do not create a frame or any other browser or border environment around the TextBehind Service;
  • You do not in any way imply that we are endorsing any products or services other than its own;
  • You do not misrepresent your relationship with us nor present any other false information about us;
  • You do not otherwise use any of our trademarks displayed on the TextBehind Service without our express written permission;
  • You do not link from a website that is not owned by you; and
  • Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

c. We expressly reserve the right to revoke the right granted in paragraph 6(b) for breach of these terms of service and to take any action we deem appropriate.

d. You shall fully indemnify us for any loss or damage we suffer or any of our group companies suffer for breach of paragraph 6b.

8. Registration

a. Each registration is for a single user only. The single user may be private individual or an organization. We do not permit you to share your user name and password with any other person nor with multiple users. TextBehind Service will not be held responsible if someone without your explicit authorization uses your account. It is your personal responsibility to practice safety and to protect your username and password to access your TextBehind account.

b. Responsibility for the security of any passwords issued rests with you or your organization.

c. When and if offered, the first free text message with photos (Free Trial) may have an expiration date after the registration process is complete. A financial refund for this trial transaction is not offered.

Disclaimer

a. While we endeavor to ensure that the information on the TextBehind Service is correct, we do not warrant the accuracy and completeness of the material on the TextBehind Service. We may make changes to the material on the TextBehind Service, or to the products and prices described in it, at any time without notice. The material on the TextBehind Service may be out of date, and we make no commitment to update such material.

b. Other than any service you decide to accept on separate terms and conditions from us, the material on the TextBehind Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the TextBehind Service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of service might have effect in relation to the TextBehind Service.

Liability

a. We, any other party (whether or not involved in creating, producing, maintaining or delivering the TextBehind Service), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the TextBehind Service in any way or in connection with the use, inability to use or the results of use of the TextBehind Service, any websites linked to the TextBehind Service or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the TextBehind Service or your downloading of any material from the TextBehind Service or any websites linked to the TextBehind Service.

b. Nothing in these terms of service shall exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

c. If your use of material on the TextBehind Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Data Protection and Privacy Policy

a. For the purposes of data protection legislation within the United States, you hereby consent to our processing of "personal data" by submission of your personal information on the TextBehind Service and we agree that we will treat the personal data
as confidential.

b. You acknowledge and agree to be bound by the terms of the Privacy Policy.

c. You agree that TextBehind may occasionally send you relevant emails, text messages and push notifications containing your account summary, financially beneficial offers, account updates and various activity notifications. TextBehind Service may also send you our service specific discount offers as they become available.

d. TextBehind Service will never share any of your personal data including email address, phone number, name, addresses, inmate information, communication, photos and financial transactions with any third parties unless otherwise required by Law. You may contact us at any time by email at info@textbehind.com or call 1-800-590-0495 to inquire further.

e. The security of your information is our utmost priority and we take identity theft very seriously. Your transactional data is never send to the vendors or across our systems without a valid SSL certificate protection.

Governing law and jurisdiction

a. These terms of service shall be governed by and construed in accordance with United States law. Disputes arising in connection with these terms of service shall be subject to the exclusive jurisdiction of the Courts of the United States.

Miscellaneous

a. If any part of these terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms of service will not be affected.

b. These terms of service set out the whole of our agreement relating to use of and access to the TextBehind Service. You may not alter them at any time. Nothing said by any person on our behalf should be understood as a variation of these terms of service or an authorized representation about the TextBehind Service or the nature and quality of items displayed thereon. We shall have no liability for any such representation being untrue or misleading.

Acknowledgment of various artists and authors

a. Some of the TextCard (greeting cards themes) contain Royalty-Free background vector designed by Freepik.com and we are very grateful for their amazing artistry. Most of these themes were duly purchased from Freepik.com and were resized to fit the design parameters used by TextBehind.com service.

b. We also acknowledge vecteezy.com as the download source for some of the greeting card designs.

c. Some of the TextCard designs are intellectual property of TextBehind, Inc. that are designed by its employees and contractors.

d. Any TextCard designs that do not display original artist's reference or name on the design itself is because either it was not displayed on the original artwork or it could not be found after a reasonable search. However, TextBehind, Inc duly
acknowledges and respects original artists and their creativity.

e. Various photos used on this website were downloaded via various search engines such as "Google.com" or "Bing.com" under the context of "Royalty-Free" photos and were resized and reformatted to fit the design. TextBehind, Inc will acknowledge the artists and their creativity if a valid claim is brought forward.

Message Delivery Process and Refund Policy

a. Messages are printed and packaged once an order is placed “message sent” on TEXTBEHIND, INC website or any of its mobile apps, therefore refunds shall not be issued in any case.

b. TEXTBEHIND, INC recommends proofreading your message before sending. Once sent, your account will be charged and all message-sending charges are not refundable under any circumstance.

c. Monthly subscriptions may be cancelled at any time, however no refunds for the current month of usage will be provided to user, and no refunds will be prorated based on use. The remaining balance of carry-forward message may become unavailable based on our refund policy at the time of cancellation.

d. Authorizing a payment method (credit and/or debit card) and authorizing the cardholder (the person) are two different items. There are various processes and risk-filters in place inside TextBehind® financial department to discourage using 3rd party cards without proper authorization. TextBehind® reserves the right to ask for your Photo ID (Driver's License) to perform additional verification.