These Terms and Conditions contain the entire agreement between you and SMECO regarding the use of SMECO’s Text Service and supersede all prior understandings related to use of the Text Service. If any part of these 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 Terms and Conditions, and the remaining portions shall remain in full force and effect.
These Terms and Conditions and our relationship with you regarding SMECO’s Text Service are governed by the laws of the State of Maryland, without regard to its conflict of laws principles. You and we agree to submit to the exclusive jurisdiction of the applicable court in Maryland, and you and we hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
SMECO reserves the right, at its sole discretion, to cancel or suspend any or all of its Text Service, in whole or in part, for any reason, with or without notice to you.
You expressly understand and agree that SMECO and its subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, and suppliers shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if SMECO has been advised of the possibility of such damages, resulting from the use or the inability to use the Text Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party regarding the Text Service, or any other matter relating to the Text Service.
You expressly understand and agree that your participation in SMECO’s Text Service is at your sole risk. The Text Service is provided on an "as is" and "as available" basis. SMECO and its subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, and suppliers 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.
SMECO and its subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, and suppliers make no warranty that (a) the Text Service will meet your requirements; (b) the Text Service will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Text Service will be accurate or reliable.
SMECO’s Text Service relies on communications networks beyond the Co-op’s control. During major events, such as hurricanes or blizzards, text messages may not be available for affected areas. You acknowledge, understand, and agree that SMECO shall not be held liable for any delays in the receipt of our text message to you, 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.
You understand and agree that you may receive a confirmation text message for each text message you send to SMECO. You may temporarily discontinue your participation in the Text Service by texting PAUSE to 76326 (SMECO). To opt-out of or cancel the Text Service, please text STOP to 76326 (SMECO). If you experience any problems with opting out of the Text Service, or if you need help or additional information related to the Text Service, please text HELP to 76326 (SMECO). You may also send an email (including your mobile phone number) to our Contact Center or call SMECO at (888) 440-3311.
By sending text messages, you grant SMECO the perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display any and all text message content provided by you to SMECO (in whole or in part) and to incorporate such content into other works in any format now known or later developed.