GOCare Terms and Conditions
Text
Alerts Terms and Conditions
In order to use the Alerts, you may be
required to provide information about yourself (such as account identification,
phone number(s), and contact details) to verify your status as the account
holder or authorized person on the Antietam account. By
providing your mobile phone number(s) to Antietam Broadband and its affiliates,
you provide us with your express consent to receive text message (Short
Messaging Service “SMS” and Multimedia Messaging Service “MMS”) alerts at that
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 Antietam 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) your receipt of SMS and/or MMS messages from Antietam
(“Antietam alerts”) is NOT a violation of state or federal rules including, but
not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the
Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act; (iv) you
understand that your wireless carrier may charge you additional message and
data fees for receipt of our text messages; and (v) by granting such permission
to Antietam 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).
However,
you hereby release Antietam 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, visit our website at www.AntietamBroadband.com/support/go-care, text the word HELP
without additional characters to 90622 for assistance with Antietam Alerts (you
must be registered for Antietam Alerts for proper HELP by text), or call 301-797-5000.
Cost
of Alerts: Antietam does not charge
to send you text alerts. However, depending on the plan you subscribe to with
your wireless carrier, 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 sent to your
mobile phone, the manner in which you conduct account activities, as well as
the number of planned or unplanned maintenance events scheduled in your area. Customers can typically expect 3 - 5 messages
per month from Antietam Alerts.
Carriers
Supported List: The following
carriers are currently supported by Antietam’s text alert service: AT&T,
Alaska (ACS Wireless), Alltel Wireless, Appalachian Wireless, Bluegrass
Cellular, Boost Mobile, C Spire Wireless, Carolina West Wireless, Cellcom,
Cellone Nation, Cellular One of East Central Illinois, Charlton Valley
Cellular, Chat Mobility, Cincinnati Bell, Coral Wireless, Cricket (Leap
Wireless), Cross (d/b/a Sprocket), DTC Wireless, Duet IP, Element Mobile,
EpicTouch, GCI Communications, Golden State Cellular, Illinois Valley Cellular,
Immix/Keystone Wireless, Inland Cellular, iWireless, Leaco, MetroPCS, Mosaic,
Nemont/Sagebrush, NTELOS, Nex-Tech Wireless, Nextel Communications, Northwest
Missouri Cellular, Panhandle Wireless, Peoples Wireless, Pine Cellular,
Pioneer, Plateau Wireless, Revol Wireless, Rina-Custer, Rina-All West,
Rina-Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina Farmers Mutual
Telephone Co, Rina—Nucla Nutria Telephone Co, Rina-Silver Star, Rina-South
Central Comm, Rina-Syringa, Rina-UBET, Rina-Manti, South Canaan/Cellular One of
NEPA, Sprint PCS Wireless, T-Mobile, Thumb Cellular, US Cellular, Union
Wireless, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile,
and West Central Wireless (WCC).
Changes
in Terms: Antietam 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: Antietam Alerts use wireless service
provider networks to deliver SMS and/or MMS (text) service; however, Antietam
does not operate the wireless networks. Antietam
is not liable for the availability (or lack thereof) of wireless network
coverage, the failure of the wireless networks to complete a transaction,
deliver an Alert or message, or otherwise interfere with the timeliness or
transmission of SMS and/or MMS or the Alerts. Antietam disclaims any
responsibility for any wireless service used to access the Alerts. Antietam
Alerts are available to customers based in the United States. Customer understands and acknowledges that
Alerts are not intended to be accessed from outside of the United States. In addition, because Antietam does not
operate or control the wireless networks used to access the Alerts, we cannot
guarantee the privacy or security of wireless data transmissions. Please check with your wireless service
provider for information about its privacy and security practices. Antietam 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. Antietam also makes no representations or warranties whatsoever
regarding text alerts. The services are provided on an “as is” and “as
available” basis. Antietam 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. Antietam, 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 Antietam’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 ANTIETAM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE, OR ANY OTHER DAMAGES, EVEN IF ANTIETAM 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. OTHER
THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO
CIRCUMSTANCE WILL ANTIETAM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR
LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF OR RELIANCE ON
INFORMATION OBTAINED THROUGH THE ALERTS. THE SERVICE IS PROVIDED "AS
IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Antietam
AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS CANNOT AND DO
NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY GUARANTEE THAT THE
SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. FURTHERMORE, Antietam
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 ANTIETAM’S CONTROL.
Indemnity:
To the maximum extent permitted by
applicable law, you hereby agree to indemnify and hold harmless Antietam, 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 Antietam’s text alerts.
Termination:
Antietam 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 Indiana. 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, Antietam’s Annual Notice of Terms and Conditions (the "Antietam
Terms and Conditions") shall apply and are hereby incorporated herein by
reference. In addition, you hereby reaffirm your agreement to the Antietam
Terms and Conditions, and your continued use and acceptance of text alerts will
mean that you accept the Antietam Terms and Conditions then in effect. These Terms, and your relationship with Antietam under them,
shall be governed by the laws of Indiana. By using the Alerts, you consent to the
exclusive jurisdiction of the state and federal courts in Indiana in all
disputes arising out of or relating to these Terms and the Alerts.