These terms and conditions (“Terms”) apply to your use of the Z-Alerts text messaging system (“Alerts”) offered by ZIRKEL Wireless and its affiliates (collectively, “ZIRKEL Wireless”, “us”, and “our”). The Alerts are available only to subscribers of ZIRKEL Wireless services. These Terms apply in addition to all other terms, agreements, and policies that apply to the ZIRKEL Wireless services.
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 ZIRKEL Wireless account. By providing your mobile phone number(s) to ZIRKEL Wireless 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 ZIRKEL Wireless 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 MMS messages from ZIRKEL Wireless (“Z-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 ZIRKEL Wireless 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, appointment reminders, as well as remind you about important account information (invoice availability, balance due and payment due dates, payment confirmations, 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” from your mobile phone in response to a text message from ZIRKEL Wireless, or texting “STOP” to 90622. You agree that your prior express consent to receive text alerts shall continue indefinitely unless and until you cancel your prior express consent through the means mentioned in this paragraph. Other methods or means attempted to revoke your prior express consent (e.g. a letter sent to a ZIRKEL Wireless address, an email sent to a ZIRKEL Wireless email address, a voicemail message left with a ZIRKEL Wireless employee, etc.) shall be ineffective and you hereby release ZIRKEL Wireless 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” to 90622 (or in response to a Z-Alert), your text message should contain only the word STOP without any additional words, spaces, or characters either before or after the word STOP. ZIRKEL Wireless 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 ZIRKEL Wireless 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 ZIRKEL Wireless express permission (without qualification) to respond to your cancellation request whether that request came through a telephone call with a ZIRKEL Wireless 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 ZIRKEL Wireless. Furthermore, you agree that ZIRKEL Wireless will reasonably endeavor to send you the aforementioned confirmatory cancellation text message in a timely manner.
However, you hereby release ZIRKEL Wireless 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.zirkelwireless.com/alerts, text the word HELP without additional characters to 90622 for assistance with Z-Alerts (you must be registered for Z-Alerts for proper HELP by text), or call 970-871-8500.
Cost of Alerts: ZIRKEL Wireless 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 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. Customers can typically expect 3 – 5 messages per month from Z-Alerts.
Carriers Supported List: The following carriers are currently supported by ZIRKEL Wireless’ 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, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile, and West Central Wireless (WCC).
Changes in Terms: ZIRKEL Wireless 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: Z-Alerts use Wireless service provider networks to deliver SMS and/or MMS (text) service; however, ZIRKEL Wireless does not operate the Wireless networks. ZIRKEL Wireless 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. ZIRKEL Wireless disclaims any responsibility for any Wireless service used to access the Alerts. Z-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 ZIRKEL Wireless 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. ZIRKEL Wireless 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. ZIRKEL Wireless also makes no representations or warranties whatsoever regarding text alerts. The services are provided on an “as is” and “as available” basis. ZIRKEL Wireless 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. ZIRKEL Wireless, 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 ZIRKEL Wireless’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 ZIRKEL WIRELESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER DAMAGES, EVEN IF ZIRKEL Wireless 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(S).
ALERTS. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ZIRKEL WIRELESSS, 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.” ZIRKEL WIRELESS 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, ZIRKEL WIRELESS 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 ZIRKEL WIRELESS’ CONTROL.
Indemnity: To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless ZIRKEL Wireless, 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 ZIRKEL Wireless’s text alerts.
Termination: ZIRKEL Wireless 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 Colorado. 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, ZIRKEL Wireless’s Annual Notice of Terms and Conditions (the “ZIRKEL Wireless Terms and Conditions”) shall apply and are hereby incorporated herein by reference. In addition, you hereby reaffirm your agreement to the ZIRKEL Wireless Terms and Conditions, and your continued use and acceptance of text alerts will mean that you accept the ZIRKEL Wireless Terms and Conditions then in effect. These Terms, and your relationship with ZIRKEL Wireless under them, shall be governed by the laws of Colorado. By using the Alerts, you consent to the exclusive jurisdiction of the state and federal courts in Colorado in all disputes arising out of or relating to these Terms and the Alerts.
