Mobile Texting Program Terms and Conditions
If you choose to opt-in to receive text messages from CloudWyze, you agree to abide by the following mobile texting terms and conditions. These mobile texting terms and conditions are subject to change from time to time, in CloudWyze’s sole discretion.
- By opting-in to receive text messages from CloudWyze, you agree that you have provided the appropriate consent required to receive the type of text message requested and understand that such text messages may be sent via an automatic telephone dialing system to the phone number that you provided.
- In order to receive text messages from CloudWyze, your phone must be capable of transmitting text messages and supported by an accepted CloudWyze mobile phone carrier. The following is a list of currently accepted mobile phone carriers: Verizon Wireless, Boost Mobile, United Wireless, Red Pocket, AT&T, T-Mobile, Consumer Cellular, Metro by T-Mobile, Sprint, Republic Wireless, Globalstar
- You represent that you are the subscriber for or authorized user of the phone number that you provided in opting-in to receive text messages from CloudWyze and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. You agree to promptly notify CloudWyze at internet@cloudwyze.com if service for any phone number provided by you is cancelled or if your phone number changes, so that CloudWyze may update its records.
- You may choose to opt-out of receiving text messages from CloudWyze at any time. You can stop receiving text messages at any time by replying with “STOP” from your mobile device. Other than a single text confirming your opt-out request, You will not receive any additional messages. You may also opt-out by texting “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to any text message you received.
- CloudWyze does not guarantee the timeliness, accuracy, completeness or receipt of text messages transmitted through its mobile texting. Text messages are transmitted by telecommunications service providers over whom CloudWyze has no control.
- ALL MOBILE TEXTING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. CLOUDWYZE MAKES NO WARRANTY THAT MOBILE TEXTING WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE OR COMPLETE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, CLOUDWYZE DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMMUNICATIONS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOUDWYZE AND/OR ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, AND SUPPLIERS (“CLOUDWYZE RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THESE TERMS AND CONDITIONS OR YOUR RELATIONSHIP WITH CLOUDWYZE, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT WILL CLOUDWYZE OR THE CLOUDWYZE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE MOBILE TEXTING.
- In the event that there is a dispute between you and CloudWyze, or between you and any third-party service provider acting on CloudWyze’s behalf, arising out of any matter, including the determination of the scope or applicability of this agreement to arbitrate, such dispute will be determined by arbitration in North Carolina before one arbitrator. The arbitration will be administered by the American Arbitration Association. The arbitrator will apply the substantive law of North Carolina, exclusive of choice of law rules. To the fullest extent permitted by law, each of the parties agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury. The arbitrator will deliver a reasoned written decision with respect to the dispute. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. §§, et seq.
- As part of the provision of the mobile texting, we may receive certain information from you including your mobile phone number, the name of your mobile carrier, and the date, time, and content of your messages or any other information you provide to us using mobile texting. For information regarding the collection, use and retention of your information by CloudWyze, click here to view our Privacy Policy.
- CloudWyze reserves the right, in its sole discretion, to suspend or terminate mobile texting at any time, in whole or in part, for any reason, with or without notice to you.
- These mobile texting terms and conditions, along with any CloudWyze policies that apply to texting and the CloudWyze services, including but not limited to CloudWyze’s Terms and Conditions and Privacy Policy constitute the entire agreement between you and CloudWyze regarding mobile texting and supersede any prior agreement, discussions, proposals or written statement. If any part of these mobile texting terms and conditions is held invalid or unenforceable, the remaining portions shall remain in full force and effect.
- These mobile texting terms and conditions and CloudWyze’s relationship with you regarding mobile texting are governed by the laws of North Carolina, without regard to its conflicts of law principles and venue for any suit or dispute regarding these mobile texting program terms and conditions shall be brought in the United States District Court for the Eastern District of North Carolina with respect to federal claims or the courts of the North Carolina in New Hanover County.
- Should you have any questions regarding the mobile texts, you should reply to a text with “HELP” or email internet@cloudwyze.com