Agreement between User and SimpleTexting 

Welcome to SimpleTexting. SimpleTexting is a texting application (the "App") and is comprised  of various web platforms operated by Rolis Seafood Restaurant – Latin Cuisines Administration. SimpleTexting is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the "Terms"). Your use of SimpleTexting constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.    

Privacy 

Your use of SimpleTexting is subject to Rolis Seafood Restaurant – Latin Cuisines's Privacy Policy. Please review our Privacy Policy, which also governs the  and informs users of our data collection  practices.  

Electronic Communications 

Using SimpleTexting or sending emails to Rolis Seafood Restaurant – Latin Cuisines constitutes electronic  communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the App, satisfy any legal requirement that such communications be in writing.    

Links to Third Party Sites/Third Party Services 

SimpleTexting may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SimpleTexting and Rolis Seafood Restaurant – Latin Cuisines Administration is not responsible for  the contents of any Linked Site, including without limitation any link contained in a Linked Site, or  

any changes or updates to a Linked Site. SimpleTexting is providing these links to you  only as a convenience, and the inclusion of any link does not imply endorsement by  Rolis Seafood Restaurant – Latin Cuisines Administration of the site or any association with its operators.  

Certain services made available via SimpleTexting are delivered by third party sites and  organizations. By using any product, service or functionality originating from the SimpleTexting app, you hereby acknowledge and consent that SimpleTexting  may share such information and data with any third party with whom SimpleTexting has a  contractual relationship to provide the requested product, service or functionality on behalf of  Rolis Seafood Restaurant – Latin Cuisine users and customers.  

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use SimpleTexting strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Rolis Seafood Restaurant – Latin Cuisine that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.    

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of Rolis Seafood Restaurant – Latin Cuisine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. SimpleTexting content is not for resale. Your use of the App does not entitle you to make  any unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SimpleTexting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SimpleTexting or our licensors except as expressly  authorized by these Terms.  

Use of Communication Services 

The App may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, "Communication  Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.    

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another's computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

SimpleTexting has no obligation to monitor the Communication Services. However, SimpleTexting reserves the right to review materials posted to a Communication Service  and to remove any materials in its sole discretion.  SimpleTexting reserves the right to  terminate your access to any or all of the Communication Services at any time without notice for  any reason whatsoever.  

SimpleTexting reserves the right at all times to disclose any information as necessary to  satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to  post or to remove any information or materials, in whole or in part, in Rolis Seafood Restaurant – Latin Cuisine's sole  discretion.  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SimpleTexting does not control or endorse the  content, messages or information found in any Communication Service and, therefore,  SimpleTexting specifically disclaims any liability with regard to the Communication  Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized SimpleTexting spokespersons, and their views do  not necessarily reflect those of Rolis Seafood Restaurant – Latin Cuisine.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.    

Indemnification 

You agree to indemnify, defend and hold harmless SimpleTexting its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  SimpleTexting reserves the right, at its own cost, to assume the exclusive defense and  control of any matter otherwise subject to indemnification by you, in which event you will fully  cooperate with SimpleTexting in asserting any available defenses.  

  Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and SimpleTexting agree otherwise, the arbitrator may  not consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. SIMPLETEXTING AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

SIMPLETEXTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  SIMPLETEXTING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES  AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,  

PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED  WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL SIMPLETEXTING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY  OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP,  OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  SIMPLETEXING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  DISCONTINUE USING THE APP.  

Termination/Access Restriction  

SimpleTexting reserves the right, in its sole discretion, to terminate your access to the App  and the related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Texas  and you hereby consent to the exclusive jurisdiction and venue of courts in Texas  in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any  jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,  this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SimpleTexting as a result of this agreement or use of the App.  SimpleTexting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SimpleTexting's right  to comply with governmental, court and law enforcement requests or requirements relating to your  use of the App or information provided to or gathered by SimpleTexting with respect to  such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to  applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth  above, then the invalid or unenforceable provision will be deemed superseded by a valid,  enforceable provision that most closely matches the intent of the original provision and the  remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SimpleTexting with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and  SimpleTexting with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other  business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.    

Changes to Terms 

SimpleTexting reserves the right, in its sole discretion, to change the Terms under which  SimpleTexting is offered. The most current version of the Terms will supersede all previous versions. SimpleTexting encourages you to periodically review the Terms to stay  informed of our updates.  

Contact Us 

Rolis Seafood Restaurant – Latin Cuisines Administration welcomes your questions or comments regarding the Terms:     

Email Address:  

rolisseafood@gmail.com

Telephone number:  

(832) 598-2492

Effective as of February 25.2025