WIRELESS
SERVICES TERMS AND CONDITIONS
CELTRA Inc. ("CELTRA") provides short message
service updates, mobile alerts, ringtone, wallpaper and multimedia delivery,
sweepstakes entry capability, contest voting capability, and other services to
wireless devices (collectively, the "Service"). Please read these
terms and conditions prior to using the Service. By using the Service, you
agree to be legally bound by these terms and conditions and our Privacy Policy
and Terms and Conditions. If you do not agree with these terms, please do not
use the Service. Please note that to process your requests for this Service,
standard text rates apply and you may be charged a fee to send and receive
messages based on the terms of your wireless service. Check with your wireless
service provider if you have questions about your service plan. CELTRA
can, without notice, change or discontinue the services, begin charging fees or
increase its current fees for the Service or make any other modifications to
these special terms at any time by giving you notice prior to the time in which
the charges or other changes would go into effect. If you choose to use the
Service after that point, you are accepting such changes. If you disagree with
the changes, your only remedy is to discontinue using the Service.
Privacy
CELTRA respects your privacy. We will only use information you
provide to the Service to transmit your text message or as otherwise described
in this document. Nonetheless, we reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental
request, to avoid liability, or to protect our rights or property. When you
complete forms online or otherwise provide us information in connection with
the Service, you agree to provide accurate, complete, and true information. You
agree not to use a false or misleading name or a name that you are not
authorized to use. If we, in our sole discretion, believe that any such
information is untrue, inaccurate, or incomplete, we may refuse you access to
the Service and pursue any appropriate legal remedies.
Opt-Out
You can cancel your receipt of wireless messages and this
service by texting the word STOP to 56102.
Disclaimer of
Warranties for the Services
Since the Services are delivered to you via your wireless
service provider's network, CELTRA cannot warrant or promise that the Services
and corresponding software will work with all wireless products or be available
at all locations and at all times. In the event of product, software, coverage
or other service changes made by your wireless carrier, CELTRA cannot warrant
or promise that the Services will continue to work or work properly. Therefore,
CELTRA offers the services on an "AS IS" basis only. CELTRA
cannot promise or warrant the accuracy or availability of the services and
software, or that the services will be free of errors or interruptions. To the
fullest extent of the law, CELTRA makes no representations of warranties,
expressed or implied, including any implied warranty of merchantability,
fitness for a particular purpose, or warranty of accuracy concerning the
services and their software. CELTRA is not responsible for any lost, late,
incomplete, damaged, or misdirected text messages; failures or malfunctions of
phones and wireless devices (including wireless phones/handsets), phone lines
or telephone systems, cellular equipment towers, wireless services or other
communications malfunctions; unavailable or interrupted networks or servers;
miscommunications, failed computer hardware or software or other technical
failures; garbled, lost, misrouted or scrambled transmissions; any error,
omission, interruption, defect or delay in any transmission or communication;
traffic congestion; or for any other technical problem.
Limitation of
Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH
CELTRA REGARDING THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT SHALL
CELTRA BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE USE OF THE SERVICES AND SOFTWARE OR THE INABILITY TO USE THE
SERVICES OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, AND IN NO
EVENT SHALL CELTRA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU FOR ACCESSING THE SERVICES IN QUESTION.
Effective Date: September 15, 2009