InformaCast Mobile Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING FOR MOBILE SERVICES FROM THE SENDER OF YOUR REQUESTED MESSAGES/NOTIFICATIONS, INFORMACAST, OR SINGLEWIRE SOFTWARE, LLC (“We”). BY REGISTERING AND / OR USING THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO THE SERVICES.

GENERAL.

The service covered by these Terms of Use include SMS messages, InformaCast Mobile notifications, and other Internet enabled or wireless means by which We provide content to you or receive content from you, including, without limitation text/SMS messaging, notifications, email messaging, alerts, and delivery of content to you (“Mobile Services”). We have the right at any time to change or discontinue any of the Mobile Services or any aspect or feature of the Mobile Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Mobile Services. We have the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use).

PRIVACY POLICY.

By using any of the Mobile Services, you are agreeing to the terms of a Privacy Policy (located at www.singlewire.com/privacy) and the collection, use and sharing of information, including without limitation your personal information, described therein.

REGISTRATION.

Some of the Mobile Services may provide you with the opportunity to register by creating a user account. We will use the information you provide in accordance with the Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

EQUIPMENT AND USE.

You shall be responsible for obtaining and maintaining all devices needed for access and use of the Mobile Services and all charges related thereto. You shall use the Mobile Services for lawful purposes only.

MOBILE SMS MESSAGES, NOTIFICATIONS AND ALERTS.

Subscription to the Service. By subscribing to the Mobile Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Mobile Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Mobile Services by you and anyone you allow access to the Mobile Services.

Quantity of Messages. The number of alerts received will vary by your subscription and originator’s use of the Service.

Functionality; Security; Mobile Use Precautions. The Mobile Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. We do not guarantee message delivery, completeness, accuracy, or timeliness, or that Mobile Services will be available at all times. Neither We nor third party service providers are responsible for messages that are lost or misdirected.

Third Party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Mobile Services. The Mobile Services are not available on all carriers or on all rates plans. Even for services for which We do not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Mobile Services.

How to Opt Out. You may opt out of the Mobile Services at any time by texting the keyword provided in a text message in a reply message, or in alternate instructions provided to you. If you have registered for the Mobile Services at a URL, you may also have the ability to opt out by signing into your Account and disabling the Mobile Services. Upon receipt of your opt-out message, you agree We will send to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Mobile Services and that may also contain contact information and/or instructions as to how you can opt back in to the Mobile Services. You agree that, upon opt-out, your participation in the Mobile Services is deemed terminated immediately.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

YOU EXPRESSLY AGREE THAT USE OF THE MOBILE SERVICES IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOBILE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE MOBILE SERVICES. IN NO EVENT WILL WE OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MOBILE SERVICES, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, (I) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE MOBILE SERVICES.

THE MOBILE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE MOBILE SERVICES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MOBILE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MOBILE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 8 MAY NOT APPLY TO YOU.

INDEMNIFICATION. 

You agree to indemnify, defend and hold the parties to this agreement and affiliates, officers, agents, employees, service providers and suppliers harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of (a) content distributed to or from you in connection with the Mobile Service, (b) your use of the Mobile Service, or (c) your breach of this agreement. 

TRADEMARKS.

InformaCast and Singlewire Software, and each of their logos are trademarks. All rights reserved. All other trademarks appearing on the Mobile Services are the property of Singlewire Software or their respective owners.

CHANGE IN TERMS.

We have the right at any time to change or modify the terms and conditions applicable to use of the Mobile Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Mobile Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Mobile Services. Any use of the Mobile Services by you, including without limitation, your continued submission of content to the Mobile Services, after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you may immediately terminate your use of the Mobile Services.

MISCELLANEOUS.

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to conflicts of laws rules. Any litigation will be brought exclusively in Dane County, Wisconsin, and each party consents to the jurisdiction thereof and waives the right to change venue. Each party further consents to the exercise of personal jurisdiction by any such court with respect to such proceeding. The section headings used herein are for convenience only and shall not be given any legal import


Revised October 2015

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