SMS Text Messaging Terms & Conditions

Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from "NATIONWIDE NETWORK SERVICES", including text messages made with an Auto dialer, at the mobile phone number(s) you provide.

You may opt-out of these communications at any time by replying STOP to any text message from NATIONWIDE NETWORK SERVICES or by otherwise contacting the NATIONWIDE NETWORK SERVICES as indicated below.  You can receive help at any time by replying HELP to any text message from the NATIONWIDE NETWORK SERVICES or by otherwise contacting NATIONWIDE NETWORK SERVICES as indicated below.  Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the NATIONWIDE NETWORK SERVICES. Messaging and data rates may apply.  By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of NATIONWIDE NETWORK SERVICES services.

Program Description

NATIONWIDE NETWORK SERVICES offers its text messaging program whereby NATIONWIDE NETWORK SERVICES, and any applicable  service providers, will text message you to provide you with information concerning your account activity with NATIONWIDE NETWORK SERVICES  and other NATIONWIDE NETWORK SERVICES  products, services, and promotions (all of the foregoing the "NATIONWIDE NETWORK SERVICES Program").  NATIONWIDE NETWORK SERVICES and its service providers may, from time to time, use standard or an automatic telephone dialing system ("Auto dialer") to deliver text messages to you under the NATIONWIDE NETWORK SERVICES Program.  You agree that you will not use the NATIONWIDE NETWORK SERVICES Program for any illegal or unlawful purposes.  No coverage may be bound or amended via text message or the NATIONWIDE NETWORK SERVICES Program.

Message Frequency

Under the NATIONWIDE NETWORK SERVICES Program, the number of NATIONWIDE NETWORK SERVICES text messages that you receive may vary depending upon your account activity and your communication with NATIONWIDE NETWORK SERVICES.

Cost

NATIONWIDE NETWORK SERVICES does not impose a separate fee for sending NATIONWIDE NETWORK SERVICES text messages under the NATIONWIDE NETWORK SERVICES Program.  However, standard message and data rates may apply to each text message sent or received in connection with the NATIONWIDE NETWORK SERVICES Program, as provided in your mobile telephone service rate plan.  Please contact your mobile telephone carrier for pricing plans and information.

How to Opt-In

The NATIONWIDE NETWORK SERVICES Program  should be available through your equipment  or mobile device when the equipment  or  device  is  within  the  operating  range  of  your  wireless  service  provider.   The NATIONWIDE NETWORK SERVICES Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the NATIONWIDE NETWORK SERVICES Program are available on all equipment/mobile devices, or through all wireless carriers. NATIONWIDE NETWORK SERVICES may, from time to time, in its discretion and without notice to you, limit the carriers that support the NATIONWIDE NETWORK SERVICES Program.  Certain other carriers may not support the NATIONWIDE NETWORK SERVICES Program. 1 Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions.  The NATIONWIDE NETWORK SERVICES Program is subject to transmission limitation or interruption.  You understand and acknowledge that mobile network services are outside of NATIONWIDE NETWORK SERVICES's control, and NATIONWIDE NETWORK SERVICES is not responsible or liable for issues arising therefrom, or the failure thereof,  including,  without limitation,  technical, hardware, software,  electronic,  network, telephone   or  other  communications malfunctions,   errors  or  failures  of  any  kind,  errors  in transmission, traffic congestion, lost or unavailable  network connections,  telephone connections, wireless  phone  connections,  website,  Internet,  or ISP availability,  unauthorized  human intervention, traffic congestion,  incomplete or inaccurate capture of entry information (regardless of cause)  or failed, incomplete,  garbled, jumbled  or delayed transmissions which  may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the NATIONWIDE NETWORK SERVICES Program.  If the NATIONWIDE NETWORK SERVICES Program is not available within your intended location, you agree that your sole remedy is to cease using the NATIONWIDE NETWORK SERVICES Program.

How to Opt-In

To opt-in to receive text messages from NATIONWIDE NETWORK SERVICES under the NATIONWIDE NETWORK SERVICES Program, complete the SMS/Text Messaging Opt-In Form and submit it to NATIONWIDE NETWORK SERVICES.  NATIONWIDE NETWORK SERVICES will then send you a text message asking you to confirm your enrollment in the NATIONWIDE NETWORK SERVICES Program.

How to Opt-Out

 You may also opt out by calling NATIONWIDE NETWORK SERVICES at 888-933-7700. 

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide  and  that  you  will  not  initiate  messages  to  the mobile  phone  of  any  other  person  or entity.   You  agree to maintain  accurate,  complete,  and up-to date  information  with NATIONWIDE NETWORK SERVICES regarding  your use of the NATIONWIDE NETWORK SERVICES Program, including, without limitation,  notifying NATIONWIDE NETWORK SERVICES in writing immediately if you change, or cease being the regular user of, your mobile telephone number.  You agree to indemnify NATIONWIDE NETWORK SERVICES in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify NATIONWIDE NETWORK SERVICES if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

Privacy

The Nationwide Network Services’s Privacy Policy is available on our website at www.saveonphones.com/privacy 

Support/Help

To request more information, please call our toll free line 888-933-7700, or use the contact form on our website at www.saveonphones.com to send us a message.

Eligibility

To receive NATIONWIDE NETWORK SERVICES text messages or enroll in the NATIONWIDE NETWORK SERVICES Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the NATIONWIDE NETWORK SERVICES Program, and authorized to incur any mobile message or data charges incurred by participating.  NATIONWIDE NETWORK SERVICES reserves the right to require you to prove the foregoing to participate in the NATIONWIDE NETWORK SERVICES Program.

Changes to this SMS/Text Messaging Terms & Conditions

NATIONWIDE NETWORK SERVICES may revise, modify, or amend these SMS/Text Messaging  Terms & Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to NATIONWIDE NETWORK SERVICES website.  You agree to review these NATIONWIDE NETWORK SERVICES SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive text messages will indicate your acceptance of those  changes.

Release: No Warranties; Limitation of Liability 

By participating in the NATIONWIDE NETWORK SERVICES Program, you agree to release and hold harmless NATIONWIDE NETWORK SERVICES and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability,  for loss, harm, damage,  injury, attorneys' fees, cost or expense  whatsoever  including without limitation,  property damage, personal injury and death that may occur in connection  with the NATIONWIDE NETWORK SERVICES,  or your use thereof, and for any claims, matters, or disputes based on violation of law or  infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation,  or invasion of privacy. THE NATIONWIDE NETWORK SERVICES PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE.  NATIONWIDE NETWORK SERVICES DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. In no event shall NATIONWIDE NETWORK SERVICES be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the NATIONWIDE NETWORK SERVICES Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or 3 regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct  or fraud, breach of contract, or breach of warranty.  To the extent this damage waiver is contrary  to  applicable  law, your or any third  party's  maximum recovery for any losses or damages whatsoever arising out of or resulting from the NATIONWIDE NETWORK SERVICES Program, or your use thereof, regardless of the theory of recovery, is $10.00.

Arbitration/Class Action Waiver

ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND NATIONWIDE NETWORK SERVICES ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY   TEXT   MESSAGES  BETWEEN  YOU   AND   NATIONWIDE NETWORK SERVICES OR ANYONE ACTING   ON   YOUR OR  NATIONWIDE NETWORK SERVICES'S   BEHALF,  OR THE   NATIONWIDE NETWORK SERVICES PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE  RESOLVED  SOLELY  BY  ARBITRATION  CONDUCTED EXPEDITIOUSLY  IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE  NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS.  ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU  AND NATIONWIDE NETWORK SERVICES INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR  ALLEGED STATUTORY OR  REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD,  BREACH OF CONTRACT, BREACH OF  WARRANTY, AS WELL AS ALL  DISPUTES, MATTERS, OR  CLAIMS ARISING OUT OF OR  RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE  ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE   AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE   NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED. 4 The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims, matters, and disputes between you and NATIONWIDE NETWORK SERVICES alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.

Applicable Law

In the event of any claim, matter, or dispute between you and NATIONWIDE NETWORK SERVICES arising out of or relating in any way to these SMS/Text  Messaging Terms & Conditions,  any text messages between you and Nationwide Network Services or anyone acting on your or NATIONWIDE NETWORK SERVICES's behalf, or the NATIONWIDE NETWORK SERVICES Program, NATIONWIDE NETWORK SERVICES, if it prevails, must be awarded  all costs of bringing  or defending  the claim, matter, or dispute, including,  without  limitation,  reasonable  attorneys'  fees  and the  ordinary  costs  and  expenses incurred  in resolving  the claim,  matter, or dispute,  including,  without limitation,  all arbitration related fees and expenses.

Applicable Law

The law of the State of Iowa including its statutes of limitations and without reference  to any conflict  of laws  principles,  shall  be  applied  to  any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the NATIONWIDE NETWORK SERVICES Program, or any text messages between you and NATIONWIDE NETWORK SERVICES or anyone acting on your or  NATIONWIDE NETWORK SERVICES's behalf, or any of the rights, duties,  or obligations  of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.