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.
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.
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.
Revised October 2015