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Text Alerts Terms and Conditions

Text Alert Terms & Conditions

updated
Oct 02, 2015

By providing your mobile phone number(s) to NewWave Communications and its affiliates (collectively, “NewWave”, “us”, and “our”), you provide us with your express consent to receiving text messages (short message service) alerts at this number and (i) acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to our text message service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service; (ii) you grant NewWave express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these terms and conditions; (iii) you understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and (iv) by granting such permission to NewWave you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).

 

Types of Alerts

Informational and emergency text message alerts may be activated on your account automatically, you may receive enrollment confirmation message, or both. These messages allow us to inform you about planned and unplanned service outages in your area, as well as remind you about upcoming payments due and other issues. If you do not wish to receive such alerts, you must notify us as indicated below.

We may also inform you about the ability to specifically register (opt in) for special promotions that we are offering through text messages. We will not send you advertisements or promotions by text messages without asking you to indicate such a preference first in writing, including through an electronic means. Indication of such a preference is not necessary for receipt of emergency and informational text messages.

 

Stopping Alerts

Text alerts can be cancelled at any time by texting “STOP” in response to a text message from your mobile phone, by calling 1-888-8NEWWAVE and asking for text alerts to be disabled on your account. You agree that your prior express consent to receive text alerts shall continue indefinitely unless and until you cancel your prior express consent through one of the means mentioned in this paragraph. Other methods or means attempted to revoke your prior express consent (e.g. a letter sent to a NewWave address, an email sent to a NewWave email address, a voicemail message left with a NewWave employee, etc.) shall be ineffective and you hereby release NewWave from any liability related to your efforts to revoke your prior express consent by other methods or means.

If revoking your consent by texting “STOP“, your text message should contain only the word “STOP” without any additional words, spaces, or characters either before or after the word “STOP.” NewWave will reasonably endeavor to comply with other text communications in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you (a) understand that these messages go to an automated number that is not monitored by a human, and the ability to interpret your intent is severely restricted and, therefore, (b) you hereby release NewWave from any liability for your efforts to revoke your permission via a text message that does not strictly comply with the terms stated in the first sentence of this paragraph.

Furthermore, by activating text alerts, you hereby grant NewWave express permission (without qualification) to respond to your cancellation request whether that request came through a telephone call with a NewWave employee, or by texting “STOP” with a confirmatory text message in return that will (i) confirm receipt of your cancellation request as well as (ii) indicate that you will no longer receive text alerts from NewWave. Furthermore, you agree that NewWave will reasonably endeavor to send you the aforementioned confirmatory cancellation text message in a timely manner.

However, you hereby release NewWave from any liability related to a confirmatory text message or the timeliness in which you receive one.

 

Get Help or Support

To get help or answers to your questions, send us an email at info@newwavecom.com, or call 1-888-8NEWWAVE.

 

Cost of Alerts

NewWave does not charge to send you text alerts. However, message and data rates may be applied by your mobile carrier. Check with your wireless phone carrier for your plan details.

 

Message Frequency

Message frequency will be at least monthly, but ultimately depends on the type of alerts you choose to have sent to your mobile phone, the manner in which you conduct activities, as well as the number of planned or unplanned maintenance events scheduled in your area.

 

Carriers Supported List

The following carriers are currently supported by NewWave’s text alert service: AT&T, Alaska, Alltel, Bluegrass Cellular, Boost Mobile CDMA, Boost Mobile iDEN, Cellcom, Cellular One of Montana, Cellular South, Centennial, Chat Mobility, Cincinnati Bell, Cox Wireless, Cricket (Leap Wireless), ECIT, East Kentucky Network, Element Mobile, Enid/Pioneer, GCI Communication Corp., Illinois Valley Cellular, Inland Cellular, Midwest Wireless, NTELOS, Nex-Tech Wireless, Nextel Communications, Northwest Missouri Cellular, Panhandle Wireless, Pocket Wireless, Revol Wireless, Rural Cellular Corp., Sprint PCS Wireless, T-Mobile, TMP/Simmetry, Thumb Cellular, US Cellular, Union Telephone, United Wireless, Verizon Wireless, Virgin Mobile USA and West Central Wireless.

 

Changes in Terms

NewWave reserves the right to change these terms or cancel the text alerts at any time. Please check these Text Alerts Terms and Conditions on a regular basis for changes. Your continued use and acceptance of text alerts after changes are posted will mean that you accept the terms as modified by the posted changes.

 

No Guarantee or Warranties

NewWave is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider. NewWave also makes no representations or warranties whatsoever regarding text alerts. The services are provided on an “as is” and “as available” basis. NewWave and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. NewWave, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors make no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the services will be accurate or reliable.

 

Privacy

For additional information regarding NewWave’s use of your information, please see our Privacy Notice. You acknowledge and agree that text messaging is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of text messages will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of text messaging, including expressing your desire to not receive them.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEWWAVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER DAMAGES, EVEN IF NEWWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OR RECEIPT OF OR FAILURE TO RECEIVE TEXT ALERTS. FURTHERMORE, NEWWAVE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS IN THE TRANSMISSION OF MESSAGES DUE TO CIRCUMSTANCES OUT OF NEWWAVE’S CONTROL.

 

Indemnity

To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless NewWave, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or receipt of or failure to receive NewWave’s text alerts.

 

Termination

NewWave reserves the right, in its sole discretion, to cancel or suspend its text alert services, in whole or in part, for any reason, with or without notice to you.

 

Governing Law; Enforceability

Governing law and enforceability of these Text Alerts Terms and Conditions will be the same as those that apply to your services’ otherwise applicable terms and conditions. In case of a conflict or ambiguity regarding governing law in such otherwise applicable terms and conditions, these Text Alerts Terms and Conditions will be construed under the laws of the State of Delaware. If any part of these Text Alerts Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Text Alerts Terms and Conditions, and the remaining portions shall remain in full force and effect.

 

Annual Notice of Terms and Conditions Incorporated Herein

You agree that for all matters not explicitly addressed herein, including general terms applicable to both email and text alerts, NewWave’s Annual Notice of Terms and Conditions (the “NewWave Terms and Conditions”) shall apply and are hereby incorporated herein by reference. In addition, you hereby reaffirm your agreement to the NewWave Terms and Conditions, and your continued use and acceptance of text alerts will mean that you accept the NewWave Terms and Conditions then in effect.