RIGHT TO REPAIR SMS REMINDER DISCLAIMER
Subscription Based Text Alerts
Terms and Conditions for Mobile Promotions
THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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About This Promotion: The Massachusetts Right To Repair Coalition (“Sponsor”) invites you to participate in our SMS text alerts subscriptions service where users will have the opportunity to receive text alerts directly to their mobile devices. Participating wireless carriers for this Promotion are currently the following (subject to change): Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, GCI, Immix Wireless, Inland Cellular, IV Cellular, Nex-Tech Wireless, Nextel Communications, nTelos, Revol Wireless, Sprint PCS, T-Mobile, U.S. Cellular, United Wireless, Verizon Wireless, Virgin Mobile, and West Central Wireless (each a “Participating Carrier” and collectively “Participating Carriers”).
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Promotion Period: This is an ongoing promotion (“Promotion Period”). Participation in this promotion and RECEIPT OR USE OF THE subscription SERVICE requires agreement to thesE terms and conditions.
3.
Who Can Participate: Any individual who, at the time of registration: (a) is a legal resident of the United States of America; (b) has attained the age of majority in the State where he/she resides (the age of majority in most States is 18); (c) owns a mobile phone or wireless device that is SMS text messaging enabled; and (d) is a current subscriber with a Participating Carrier, whose wireless service plan includes SMS text messaging.
4.
How to Participate: To participate in this Promotion, you can 1) enter your telephone number in the designated area on the right hand side of the website,
www.massrighttorepair.com, and click on the “I accept these terms” link, or 2) go to the mobile page on the website,
www.massrighttorepair.com, enter your telephone number and click on the “I have read and agree to the terms and conditions” check box. Upon receipt of your email and acceptance of these terms and conditions, Sponsor will provide notice of your confirmation, acceptance, and registration by sending to your mobile phone or wireless device a text message response (the “Confirmation Request Message). BY PARTICIPATING IN THIS PROMOTION, YOU REPRESENT AND WARRANT THAT THE MOBILE PHONE OR WIRELESS DEVICE FROM WHICH YOU INITIATE THE TEXT MESSAGE TO ENTER THIS PROMOTION IS OWNED BY YOU AND IS REGISTERED IN YOUR NAME.
5.
Msg&Data Rates May Apply: Your Participating Carrier may charge you for each text message sent and received. For example, if your monthly subscription for text messaging service contains a limit on the number of messages sent and received during each month, your Participating Carrier may charge you for each text message sent and received over such limit (e.g., up to $0.50 per message). Charges will be determined by the Participating Carrier. Contact your Participating Carrier for text messaging rates and terms applicable to your plan. Any charge from your Participating Carrier will be billed on your wireless phone bill or deducted from your prepaid balance. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OF THEIR RESPECTIVE CORPORATE AFFILIATES, LICENSORS, OR MEMBERS BE RESPONSIBLE OR LIABLE FOR ANY TEXT MESSAGING OR WIRELESS SERVICE CHARGES INCURRED BY YOU OR BY A PERSON THAT HAS ACCESS TO YOUR MOBILE PHONE OR WIRELESS DEVICE, OR FOR ANY OVERCHARGE OR BILLING ERROR BY OR ANY BILLING DISPUTE WITH YOUR PARTICIPATING CARRIER.
5.
Message Frequency: By participating in this Promotion, you acknowledge and agree that, upon your entry into this Promotion and for the remainder of the Promotion Period, Sponsor may send you text messages to your mobile phone or wireless device registered for this Promotion. 6.
How to Opt Out: You may opt out of this Promotion at any time during the Promotion Period by texting the keyword “
STOP” (or any of the following alternative keywords: “QUIT”, “CANCEL”, “END” or “UNSUBSCRIBE”) to
32075. Upon receipt of your opt-out message, Sponsor will send to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in this Promotion. Such confirmation message is for your records only, to which you need NOT reply. Please note that, upon opt-out, your participation in this Promotion is deemed terminated immediately and you will not receive any additional text messages (except for the aforementioned OPT OUT confirmation message) from Sponsor in connection with this Promotion.
7.
Help Info: To get help at any time regarding this Promotion, text “
HELP” to [
32075], or contact Sponsor at
support@celltrust.com or call 1-617-248-9772 (Massachusetts Right to Repair Coalition Headquarters). Msg&Data Rates may apply.
8.
Miscellaneous: This Promotion is offered on an “as is” and “as available” basis without warranties by Sponsor or its licensors or members of any kind. Text messaging service from a Participating Carrier may not be available in all areas or at all times, and may not continue to work in the event of hardware, software, product, service or coverage changes made by such Participating Carrier. A Participating Carrier may change or discontinue service or coverage with or without notice. Also, a Participating Carrier may impose or modify service charges with or without notice and the decline or rejection of such charges may result in interruption or discontinuation of service. These terms and conditions, the Promotion, and your use of the subscription service and any dispute arising out of such use of the Site is subject to
the laws of Massachusetts.
You agree that, in participating in this promotion, you will not:
- “stalk” or otherwise harass another person;
- impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
- send any message that is unwelcome to any person or entity;
- interfere with or otherwise attempt to disrupt or engage in any activity that could reasonably be expected to interfere with the Promotion or any servers or networks directly or indirectly connected to the Promotion or any other internet site or mobile communications device; or
- violate any applicable law or regulation.
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. Indemnity and Liability: You agree to indemnify, defend and hold us, our parents, licensors, members, affiliates, officers, employees, directors, contractors, subcontractors, advisors and other representatives and those of our affiliates (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Indemnified Parties, directly or indirectly, as a result of or in connection with: (1) your use of the Promotion to stalk, harass, or impersonate any person or entity, or if you falsely state or misrepresent your affiliation with a person or entity; (2) your sending any message that is unwelcome to any person or entity; (3) your interfering with or otherwise attempting to disrupt or engage in any activity that could reasonably be expected to interfere with the Promotion or any other internet site or mobile communications device; or (4) your violation of any applicable law or regulation.
IN NO EVENT WILL SPONSOR, ANY OF SPONSOR'S MEMBERS OR LICENSORS, AUTOMOTIVE AFTERMARKET INDUSTRY ASSOCIATION, OR ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACTORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE FOR: (A) ANY SERVICE ERROR, DEFECT, FAILURE, DELAY, CONGESTION, CONNECTIVITY PROBLEMS, UNAVAILABILITY, OUTAGE, DISCONTINUATION, INTERRUPTION OR MALFUNCTION ATTRIBUTABLE TO A PARTICIPATING CARRIER OR ANY OF ITS NETWORKS, SYSTEMS, FACILITIES, SERVERS, EQUIPMENT, HARDWARE OR SOFTWARE; (B) ANY LOST, INCOMPLETE, LATE, DAMAGED, GARBLED, SCRAMBLED, ILLEGIBLE, MISDIRECTED OR MISROUTED TEXT MESSAGES; (C) ANY DEFECT, FAILURE OR MALFUNCTION OF YOUR MOBILE PHONE OR WIRELESS DEVICE, OR (D) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR CONDITIONS OR THE USE OF THE PROMOTION OR SUBSCRIPTION SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
10. Termination: Sponsor reserves the right to terminate your access to the Promotion or any portion of it at its sole discretion, without limitation, for any reason whatsoever, without liability, immediately upon a message notice being sent to your telephone. We reserve the right to terminate the Promotion at any time.
If you are dissatisfied with any portion of the Promotion or with any of these Terms and Conditions, your sole remedy is to discontinue participating in the Promotion.
Please sign this bill into law and put Massachusetts on the forefront of consumer rights. Big Auto should not be allowed to maintain their monopoly on car maintenance & repair services.
I was recently charged $90 at a Nissan dealer to have an engine sensor reset – a task that could ONLY be performed by the dealer. It took the dealer only 15 minutes to complete the work! This unfair and blatant gouging of car owners has to stop.