Set forth below are the terms and conditions governing the use of the Metropolitan Water Reclamation District of Greater Chicago (“MWRD”) 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.     Service and Service Provider

1.1    Service

MWRD is a unit of local government organized and existing under Illinois statutes.   Under this statutory authority, MWRD is responsible for the collection and treatment of wastewater within its corporate boundaries, and stormwater management.  MWRD may send mobile messages as an alert of MWRD operations and/or overall weather conditions. Mobile messages may be sent using an automated technology.  Message frequency will vary, but should not exceed 50 messages per year.

1.2    Engagement of Service

Any person that engages the SMS Service is an “End-User.” An End-User may subscribe to an alert campaign at the following internet address http://www.mwrd.org.  Please email publicaffairs@mwrd.org with any questions.

1.3    Service Provider

The SMS Service is provided by the Metropolitan Water Reclamation District of Greater Chicago, 100 E. Erie St., Chicago, Illinois 60611 in partnership with Constant Contact and ESRI ArcGIS (the “SMS Contractors”).

1.4    Access

The SMS Service is available on the major and super regional mobile phone service providers across the United States of America , 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.

1.5    Charges

There are no charges for use of the SMS Service imposed by the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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.  The Metropolitan Water Reclamation District of Greater Chicago is not responsible for any charges that End-Users incur from a provider for these messages.

1.6    Single or Ongoing Messaging and Cessation

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 the received SMS message.

1.7    Help with SMS Service

The End-User may reply HELP to the received SMS message to receive additional information about the SMS Service.

2.     End-User’s Responsibilities

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 Metropolitan Water Reclamation District of Greater 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, the End-User implicitly accepts the terms and conditions outlined in this document.

3.     Termination

3.1    Termination for Cause

Metropolitan Water Reclamation District of Greater 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 Metropolitan Water Reclamation District of Greater Chicago is required to terminate by the wireless service provider or by law.

3.2    Termination For Convenience

Metropolitan Water Reclamation District of Greater Chicago may also unilaterally terminate the SMS Service at any time with or without cause.

4.     Service Availability

4.1    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. Metropolitan Water Reclamation District of Greater 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.

4.2    Standard of Service

Subject to the constraints described above, Metropolitan Water Reclamation District of Greater Chicago and/or its SMS Contractors will carry out the SMS Services with reasonable care and skill.

5.     Disclaimer of Warranties

It is the sole and exclusive responsibility of End-User to determine the suitability of the SMS Service and any and all Metropolitan Water Reclamation District of Greater Chicago products and services for End-User's intended purposes and uses. End-User acknowledges and agrees that the SMS Services are provided on an “as is” basis, without warranties of any kind express or implied.  METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO WHICH MAKES SPECIFIC REFERENCE TO THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, End-User and METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO agree that METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO and/or its employees, 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) any other loss or liability resulting from the negligent acts and/or omissions of METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO or METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO ‘s SMS Contractors, or other vendors or partners; (8) 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; (9) loss or liability resulting from partial or total loss of SMS Services; (10) 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; (11) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages; and, (12) loss or liability resulting from acts of God.  METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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.

6.     Data Protection

6.1    Personal Data

The information and data, i.e., wireless device number or home address   ("personal data") which is provided by the end-user when using the SMS Service will only be used by METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO and its SMS Contractors, other vendors, suppliers and partners in order to provide the SMS Service. Under METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO ‘s strict privacy policy, personal data is never released to third parties

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.

7.     Data Restriction

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.

8.     No liability

METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER 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.

9.     Entire Agreement

These Terms and Conditions set out the whole of the agreement between the End-User and METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO.  These Terms and Conditions may be modified at any time by the Metropolitan Water Reclamation District of Greater Chicago.

10.   Governing Law

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.