Mobile SMS Terms
MOBILE SMS SERVICE TERMS AND CONDITIONS
Effective Date: October 2, 2019
The Service and Opt-In:
Energage provides employers with services relating to workplace-related surveys. You may opt in to allow Energage, Inc. (“Energage,” “we,” “us” or “our”) to contact you via short message service (“SMS”) on behalf of your employer about taking part in survey’s on Energage’s platform (the “Service”). You can opt-in by texting “SURVEY” to “29068” or via other mechanisms provided by your employer.
By opting-in you agree to receive text messages from Energage on behalf of your employer, including through use an automatic telephone dialing system. Consent is not required to purchase goods or services from Energage. If you opt-in you will receive periodic messages relating to workplace surveys.
By opting-in, you also agree to be bound by these terms and conditions (“Terms and Conditions”) and represent you are 18 years of age or older. We reserve the right to change these Terms and Conditions at any time without notice to you. Your use of the Service after any change constitutes your acceptance of such changes. You may refer to the most current version of these Terms and Conditions at any time by visiting [insert URL where these terms are posted].
MOBILE USER FEES
Message and data rates may apply. If you have any questions about your text plan or data plan it is best to contact your wireless provider.
To opt out (discontinue the Service), text “STOP” to “29068” from your mobile device. We may send you an additional message to confirm that you have opted out of the Service. After this, you will not receive any additional messages.
For all questions about the services provided by this short code, you can send an email to email@example.com.
Only the word “HELP” to “29068” may be recognized by the automated messaging system.
AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S. Cellular®, Metro PCS, Cellcom, nTelos, CBW, Cricket, Clearsky, InterOp, C-Spire.
Carriers are not liable for delayed or undelivered messages.
Energage will not be liable for any delays in the receipt of any SMS messages. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
No Warranties or Liability
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ENERGAGE, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE AND THE MESSAGES.
ENERGAGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND THE MESSAGES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
ENERGAGE ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE SERVICE OR THE MESSAGES. IN NO EVENT SHALL ENERGAGE BE LIABLE TO YOU FOR ANY CLAIM, INCLUDING ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THE MESSAGES.
You agree to indemnify, defend and hold harmless Energage and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third-party relating to your use of the Service, or any breach or violation of these Terms and Conditions.