Set forth below are the terms and conditions that govern the use of the City of Chicago's ChiTEXT SMS Text Messaging Services ("SMS Service"). ANY PERSON THAT USES THE SMS SERVICE WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND THEREBY BE BOUND BY THEM.
1.1 Engagement of Service Any person may engage the SMS Service by sending a designated keyword such as CHICAGO to the short code 311311. Any person that engages the SMS Service will be referred to hereinafter as the "End-User." The information corresponding to the keyword is sent in a reply message to the End-User's mobile phone. Alternatively, an End-User may subscribe to an alerts campaign on the applicable website or via SMS text message. End users can subscribe (i) at the following internet address http://chitext.cityofchicago.org/demo/Open311SubscriptionForm.jsp or (ii) by SMS text by text messaging the keyword "CHIOPT".
1.2 Service Provider The SMS Service is provided by the City of Chicago, 121 N. LaSalle St., Chicago, Illinois 60602 in partnership with Motorola Solutions Inc. and AGENT511 (the "SMS Contractors"). In the event of any queries, please email CITYFEEDBACK@cityofchicago.org
1.3 Access The SMS Service is available on the major and super regional mobile phone service providers across the USA, including AT&T, Verizon Wireless, Sprint, T-Mobile, US Cellular, Cricket Wireless, MetroPCS, Nextel, Virgin Mobile, Boost Mobile, Cincinnati Bell, C Spire Wireless and iWireless.
1.4 Charges There are no charges for use of the SMS Service imposed by the CITY OF CHICAGO or its SMS Contractors. End-Users will incur only rate charges applicable under the End-User's agreement with his/her mobile phone service provider for use of the SMS Service. Message and Data rates may apply.
1.5 Single or Ongoing Messaging and Cessation Engagement of the SMS Service by sending a designated keyword to the short code 311311 will result in the End-User receiving a predetermined number of messages. In order to receive ongoing messaging, the End-User must specifically request such service by Opting-In to receive the ongoing messaging. In order to prevent any additional use of the SMS Service the End-User may send STOP to 311311.
1.6 Help with SMS Service The End-User may also send HELP to 311311 to receive additional information about the SMS Service.
2.1 Wireless Service Requirement End-User is responsible for having and maintaining a wireless device that can connect to a mobile network capable of receiving the SMS Service. 2.2 End-User Solely Responsible for Agreement with Wireless Service Provider Please note that City of Chicago has no control over the End-User's agreements with their wireless device service provider and therefore is not responsible for and will not be liable for any breach of the terms of such agreement or any mistake that may arise in the billing process.
2.3 Right to Use Wireless Device End-User acknowledges that he/she is the owner of the wireless device or that he/she has the express consent of the owner of the wireless device used with the SMS Service.
2 .4 Acceptance of Terms By engaging the SMS Service over the short code 311311, the End-User implicitly accepts the terms and conditions outlined in this document.
3.1 Termination for Cause City of Chicago and its SMS Contractors may terminate this agreement at any time and with immediate effect where: 3.1.1 End-User is in breach of any of these terms and conditions; or
3.1.2 End-User is in breach of contract with his/her wireless service provider; or
3.1.3 Where City of Chicago is required to terminate by the wireless service provider or by law.
3.2 Termination For Convenience City of Chicago may also unilaterally terminate the SMS Service at any time with or without cause.
4.1.1 Service Provider Networks End-user acknowledges that the SMS Service may, at any time, be adversely affected by problems with any wireless service provider networks, including, without limitation, interference to such networks' coverage. City of Chicago shall not be responsible or liable for any loss, damage or expenses incurred directly or indirectly by End-User as a result of any difficulties experienced by any wireless service provider or any End-User wireless device.
4.1.2 City Standard of Service Subject to the constraints described above, City of Chicago and/or its SMS Contractors will carry out the SMS Services with reasonable care and skill.
It is the sole and exclusive responsibility of End-User to determine the suitability of the SMS Service and any and all City of Chicago products and services for End-User's intended purposes and uses. End-User understands and agrees that City of Chicago, and City of Chicago's SMS Contractors and other vendors and partners are not responsible for determining whether use of the SMS Service is suitable or appropriate or whether the content of the messaging is suitable or appropriate to an End-User makes that determination. End-User acknowledges and agrees that the SMS Services are provided on an "as is" basis, without warranties of any kind express or implied. CITY OF CHICAGO GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR THE RESULTS OBTAINED FROM SUCH SERVICES, OTHER THAN THAT EXPRESSLY SET FORTH HEREIN. NO REPRESENTATIVE OF CITY OF CHICAGO IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF CITY OF CHICAGO WHICH MAKES SPECIFIC REFERENCE TO THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CITY OF CHICAGO EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR COURSE OF PERFORMANCE.
With regard to all SMS Services provided by CITY OF CHICAGO, End-User and CITY OF CHICAGO agree that CITY OF CHICAGO disclaims and is not responsible or liable for any direct, indirect, or consequential loss or liability (including specifically personal injury) resulting from any acts (or failures to act) of CITY OF CHICAGO and/or its employees, and End-User agrees to release and hold harmless City of Chicago and City of Chicago's SMC Contrators and other vendors or partners and their current, former, or future officers, agents, and employees from any and all claims, damages, compensation, losses, costs, expenses, and liabilities, including but not limited to personal injuries, as well as attorneys' fees and cost which may be incurred in connection with use of the SMS service including, but not limited to:
(1) loss of data;
(2) loss of software or hardware;
(3) loss of business or business opportunity;
(4) loss or liability resulting from access delays or access interruptions;
(5) loss or liability resulting from computer viruses;
(6) loss or liability resulting from data non-delivery or data miss-delivery;
(7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the SMS Services;
(8) loss or liability resulting from partial or total loss of SMS Services;
(9) loss or liability of any kind or nature whatsoever in anyway related to third party charges, including wireless service provider or telephone company or other line charges;
(10) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages;
(11) loss or liability resulting from acts of God; and,
(12) any other loss, injury or liability resulting from the negligent acts and/or omissions of CITY OF CHICAGO or CITY OF CHICAGO's SMS Contractors, or other vendors or partners. CITY OF CHICAGO makes no representation or warranty that
(i) the SMS Services will meet the End-Users needs,
(ii) the SMS Services will be uninterrupted, timely, secure or error free, or
(iii) the messages that may be obtained from the use of the SMS Services shall reliable.
CITY OF CHICAGO End-User shall assume all responsibility for End-User's child or ward in connection with use of the SMS Service, including any use that results in any claims, damages, compensation, losses, injuries, costs, expenses, and liabilities sustained by End-User or End-User's child or ward or any third-party regardless of cause or causes. End-User agrees to indemnify and defend the City of Chicago and the City of Chicago's SMS Contractors and other vendors or partners and their current, former, or future officers, agents, and employees from any and all claims, damages, compensation, losses, injuries, costs, expenses, and liabilities sustained by End-User or End-User's child or ward or any third party arising out of or connected with End-User's use of the SMS Service, regardless of the causes or causes.
6.2 Non-Personal Data Aggregate, non-personal data, such as service requests or informational listings, may be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to SMS Services.
End-User agrees not to publish, copy, communicate to the public, edit, and amend any data received as part of the SMS Service. The SMS Service, and the data comprised within it, is provided for personal non-commercial use only and may not be used for any other purpose.
CITY OF CHICAGO and/or the SMS Contractors shall not have any liability to End-User for any delay or failure to deliver the SMS Service for any reason, including but not limited to the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the SMS Service), telephone or other inter connect problems, computer viruses, unauthorized access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or other authority or body, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement of any relevant sporting event.
These Terms and Conditions set out the whole of the agreement between the End-User and CITY OF CHICAGO. These Terms and Conditions may be modified at any time by the City of Chicago. End-User agrees that if any portion of this agreement is found to be void, unenforceable, or invalid, the remaining portions of the agreement will remain in full force and effect.
These Terms and Conditions will be governed in accordance with the laws of the State of Illinois, without regard to choice of law principles. End-User hereby irrevocably submits to the original jurisdiction of those State or Federal courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning these Terms and Conditions and irrevocably agrees to be bound by any final judgment rendered thereby from which no appeal has been taken or is available. End-User irrevocably waives any objection (including without limitation any objection of the laying of venue or based on the grounds of forum non convenience) which it may now or hereafter have to the bringing of any action or proceeding with respect to these Terms and Conditions in the jurisdiction set forth above.
Neither the Service nor the Service Providers, or any one of them, is providing medical advice and the Service is intended for general information purposes. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.
The Service is provided to you "as is," without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. The Service Providers do not warrant the accuracy or completeness of the Service, the suitability of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Service. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Service Providers do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website is free of viruses or other harmful components.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content from or to a mobile device may fail due to circumstances or conditions beyond the Service Providers' control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the Service Providers' control and the Service Providers are not responsible or liable for such problems.
Message Transmission and Delivery By Your Network Operator
You understand and acknowledge that your use of the Service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider. Message & data rates may apply when calling phone numbers or linking to web sites or videos in text4baby messages.
Text and E-Mail Messages are not Encrypted
Text and E-Mail Messages Stored on Your Device are your Responsibility
Once delivered to your device or e-mail server, text and e-mail messages are under your control and are your responsibility and you hereby release the Service Providers, their officers, directors, members, shareholders, employees, contractors, agents, successors, assigns, and all of their affiliates, subsidiaries, licensors, co-venturers and Partners, from any and all liability arising from or related to access to e-mail and/or text messages.
Service May Be Limited By Your Operator Or Your Device
You agree and accept that your use of the Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device.
Mobile Network Operators may not Support All Users
You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile internet access. You understand and agree that the Services may not, in part or in whole, be available to you if your mobile network operator does not support them in a standard that conforms to the Services.