Mobile Terms and
Conditions
Last Updated January 1st,
2024
PROGRAM NAME: ways2cover
FREQUENCY OF ALERTS:
Message Frequency
Varies
PRICING: As always, message and data
rates may apply for any messages sent to you from us and to us from you and the
message frequency may vary per user.
PROGRAM DESCRIPTION.
By signing up on our website you’ll get a confirmation
text, with a description of how to use our SMS services. The following keywords are
for both confirm OPT-IN or OPT-OUT if you decide to stop at any given
moment:
USER
OPT-IN:
By signing up, you agree to the following terms:
You consent to receive marketing text messages from us, including but not limited to promotional offers, updates, and notifications related to your WAYS2COVER subscription.
We do not use an automatic telephone dialing system to generate, store, or deliver our text messages.
Consent to receive text messages is not required to purchase goods or services.
You also acknowledge that WAYS2COVER.COM is a brand and trademark of Value Reactor, LLC, a limited liability company.
By signing up, you explicitly consent to receive messages from Value Reactor, LLC regarding your WAYS2COVER.COM subscription, including but not limited to:
a. Subscription updates and notifications
b. Renewal reminders
c. Changes to our services or policies
d. Promotional offers related to your subscription
We value your privacy and commit to the following:
a. We will not sell, rent, or share your personal data with third-party marketers.
b. We will not allow third-party marketing messages to be sent to you.
c. All messages sent will be related to your (link unavailable) subscription.
Message and data rates may apply. You can opt-out of receiving messages at any time by replying "STOP" or contacting us directly.
By signing up, you acknowledge that you have read, understand, and agree to these terms.
USER
OPT-OUT:
You can cancel the SMS
service at any time. Just text “STOP” to . When we receive a “STOP” message, we will
send one last confirmation SMS to confirm the subscription status post which no more
SMS messages will be sent.
For more information, just text “HELP” to . When we receive
a “HELP” message, we will provide instructions on how to use this service and how to
unsubscribe.
HELP:
To get
help, you can email us or send letters:
[email protected]
109 East 171h Street Suite 510 Cheyenne, WY 82001
(386) 232-8541
USER
FEES:
This is a standard-rated,
non-premium service.
As always, message
and data rates may apply for any messages sent to you from us and to us from you
and the message frequency may vary per user.
LIST OF
PARTICIPATING CARRIERS (U.S. only):
AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin
Mobile USA, U.S. Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass,
Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell,
Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless,
Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC
Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless,
Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South
Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West
Central Wireless.
*T-Mobile is not liable
for delayed or undelivered messages
WARRANTY:
We will not be liable for any delays in the receipt of any
SMS messages connected with this program. Delivery of SMS messages is subject to
effective transmission from your wireless service provider/network
operator.R
Privacy Policy
Last Updated September 30th, 2021
We respect your privacy. We will only use the information
you provide to transmit your text message. We reserve the right at all times to
disclose any information as necessary to satisfy any law, regulation, or
governmental request, to avoid liability, or to protect our rights or property. When
you complete forms online or otherwise provide us information in connection with the
Service, you agree to provide accurate, complete, and true information. You agree
not to use a false or misleading name or a name that you are not authorized to use.
If we, in our sole discretion, believe that any such information is untrue,
inaccurate, or incomplete, we may refuse you access to the Service and pursue any
appropriate legal remedies.
DISPUTE
RESOLUTION:
In the event that
there is a dispute, claim or controversy between you and Us, or between you and any
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate, such
dispute, claim or controversy will be determined by arbitration in California before
one arbitrator. The arbitration will be administered by JAMS. For claims greater
than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at
the time the arbitration is commenced will apply. For claims less than or equal to
$250,000, the JAMS Streamlined Arbitration Rules in effect at the time the
arbitration is commenced will apply. The arbitrator will apply the substantive law
of the State of California, exclusive of its conflict or choice of law rules.
Nothing in this paragraph will preclude the parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction. The parties
acknowledge that this Agreement evidences a transaction involving interstate
commerce. Notwithstanding the provision in this paragraph with respect to applicable
substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any
arbitration conducted pursuant to these Terms. Either party may commence arbitration
by providing to JAMS and the other party to the dispute a written demand for
arbitration, setting forth the subject of the dispute and the relief requested
(“Arbitration Demand”).
To the fullest extent permitted by law, each of the parties
agrees that any proceeding, whether in arbitration or in court, will be conducted
only on an individual basis and not in a class, consolidated or representative
action. If for any reason a claim proceeds in court rather than through arbitration,
each party knowingly and irrevocably waives any right to trial by jury in any
action, proceeding or counterclaim arising out of or relating to this Agreement or
any of the transactions contemplated hereby.
The
appointed arbitrator may award monetary damages and any other remedies allowed by
the state law designated above. In making his or her determination, the arbitrator
will not have the authority to modify any term or provision of these Terms. The
arbitrator will deliver a reasoned written decision with respect to the dispute (the
“Award”) to each party, who will promptly act in accordance the Award. Any Award
(including interim or final remedies) may be confirmed or enforced in any court
having jurisdiction, including any court having jurisdiction over either party or
its assets. The decision of the arbitrator will be final and binding on the parties,
and will not be subject to appeal or review.
Each party
will advance one-half of the fees and expenses of the arbitrator, the costs of the
attendance of the court reporter at the arbitration hearing, and the costs of the
arbitration facility. In any arbitration arising out of or related to these Terms,
the arbitrators will award to the prevailing party, if any, costs and attorneys’
fees reasonably incurred by the prevailing party in connection with that aspect of
its claims or defenses on which it prevails, and any opposing awards of costs and
attorneys’ fees awards will be offset. The parties will maintain the confidential
nature of the arbitration proceeding, the hearing and the Award, except as may be
necessary to prepare for or conduct the arbitration hearing on the merits, or except
as may be necessary in connection with a court application for a preliminary remedy,
or confirmation of an Award or its enforcement, or unless otherwise required by any
applicable law.
Any documentary or other evidence produced in any
arbitration hereunder will be treated as confidential by the parties, witnesses and
arbitrators, and will not be disclosed to any third person (other than witnesses or
experts), except as required by any applicable law or except if such evidence was
obtained from the public domain or is otherwise obtained independently of the
arbitration.
MISCELLANEOUS:
You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any provision of
these Terms is found to be unenforceable or invalid, that provision will be limited
or eliminated to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable. Any new features, changes, updates
or improvements of the Program shall be subject to these Terms unless explicitly
stated otherwise in writing. We reserves the right to change these Terms from time
to time. Any updates to these Terms shall be communicated to you. You acknowledge
your responsibility to review these Terms from time to time and to be aware of any
such changes. By continuing to participate in the Program after any such changes,
you accept these Terms, as modified.
Terms
of Use
Last Updated September 30th,
2021
Welcome to ways2cover.com. ways2cover requires
that you carefully read, understand, and agree to the following Terms and Conditions
contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing, or
using this website, or any page thereof or services offered, (collectively,
“Website”) through any or in means, you accept and agree to be bound by
these Terms of Use and ways2cover‘s Privacy Policy (the “Privacy Policy”),
which is incorporated herein by reference. Together, the Terms of Use and Privacy
Policy constitute a legally binding agreement by and between you and ways2cover
concerning your use of the Website. For purposes of this Agreement, the terms “You”
or “Your” means the person(s) using the Website. If You do not agree to these Terms
of Use and the Privacy Policy, you are not authorized to access or use the Website
and You are to cease accessing or otherwise using the Website.
NOT A GOVERNMENT AGENCY:
ways2cover (ways2cover.com) is a privately held
for-profit entity. ways2cover.com has no affiliation or relationship (financial
or otherwise) with any political party, government agency, or any other outside
group or persons. We pay our operating costs through our advertising revenue.
Furthermore, ways2cover.com is not affiliated with or endorsed by the U.S.
Department of Education. We urge you not to pay for any products that you can get
for free elsewhere.
RELATIONSHIP AND OBLIGATION REGARDING PRIVATE
AGENCIES:
Please be advised that
prices and terms may vary between financial agencies and that the cost and resources
of the requester are not within the control of ways2cover. You acknowledge and
agree that any agreement, policy, and/or any type of contract (“Contract”) for
financial help is entered into ly between You and the financial agency. You
expressly acknowledged that ways2cover is not a party to any contract between
You and any financial agency and that ways2cover, was not, is not, and will
not, be involved in any negotiations or any other such dealings that may relate to
any Contract between You and the financial agency. You acknowledge and agree that
any rights, obligations, enforcement, and performance of any contract between You
and the financial agency are the sole responsibilities of You and the financial
agency.
LICENSE:
Subject to Your compliance with the Terms of Use made
available on the Website, ways2cover grants to You a non-exclusive,
non-sublicensable, revocable, non-transferable license to use the Website for Your
personal and non-commercial use. You expressly acknowledge and agree that the
Website and/or any portion of the Website, may not be reproduced, duplicated,
copied, modified, sold, resold, or distributed. Except as expressly set forth
herein, the Terms of Use does not and shall not grant any rights in or to the
intellectual property of ways2cover. If You breach any provision of the Terms
of Use, Your rights under this section will immediately terminate.
CONSENT TO COMMUNICATION:
By entering Your personal information into this Website or
by completing a request through this Website, You acknowledge that You are expressly
granting Your consent to receive communications regarding offers and/or products
that ways2cover reasonably believe may be of interest to You and authorize
ways2cover to contact You by phone, text, and email (even if Your telephone
number is listed on any internal, state or federal Do-Not-Call registry list ) and
acknowledge that this communication may be delivered by use of an automated
telephone dialer or other automated telephone dialing system and may contain an
artificial or prerecorded message. You may opt-out of receiving such communications
at any time by texting “STOP” to any SMS message from us. Consent to such
communication is not a condition of purchase.
THIRD-PARTY WEBSITES:
The Website may be linked with the websites of third
parties (“Third-Party Websites”) ways2cover does not have control over the
content and performance of Third-Party Websites. ways2cover hereby states that
ways2cover HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, THE MATERIAL, GOODS
OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY,
ways2cover DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR
THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION
MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. ways2cover
DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES
OR OTHER HARM, TO YOU AND/OR ANY THIRD PARTIES, RESULTING FROM YOUR USE OF
THIRD-PARTY WEBSITES.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant that (i) You are at least 18
years of age; (ii) You are authorized to enter into this legally binding agreement;
(iii) You will not use this Website for any purpose or manner that violates any laws
and/or regulations, or that infringes the rights of ways2cover or any third party;
(iv) that all information that You provide in connection with this Website (e.g.
name, e-mail address, phone number, social security number, and/or other
information) is true and accurate and will not violate any laws, regulations or
infringe the rights of ways2cover or any third party; and (v) You are
authorized and able to fulfill and perform the obligations and meet the conditions
specified herein.
WARRANTY DISCLAIMERS:
ways2cover DOES NOT WARRANT, GUARANTEE OR MAKE
REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS
WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED
PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS
CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING,
USAGE OR TRADE. LIKEWISE, ways2cover DOES NOT WARRANT, GUARANTEE OR MAKE
REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS,
USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED FINANCIAL HELP, THE
ABILITY OF FINANCIAL AGENCIES TO DELIVER FINANCIAL HELP, YOUR ABILITY TO OBTAIN
FINANCIAL HELP.
MODIFICATIONS:
ways2cover reserves the right at any time to modify,
alter and/or discontinue, whether temporarily or permanently, the Website, or any
part thereof, with or without prior notice. ways2cover shall not be held liable
to You or any third party for any such alteration, modification, suspension, and/or
discontinuance of the Website, or any part thereof.
PROHIBITED USES:
We impose certain restrictions on the use of the
Website. You represent and warrant that You will not:
(a) violate or attempt to violate any security features
of the Website or Services;
(b) copy or
otherwise duplicate, ly or inly, any portion of the Website,
including without limitation, all designs, information, photographs, images,
drawings, videos, music, text, typefaces, graphics, products, code, and other
files, and the selection, arrangement and organization thereof (collectively,
“Content”); (c) distribute, display, modify, transmit, resell, reuse, or repost
Content in any electronic form, including any online service, the Internet or
any other telecommunications medium which now exists or shall exist in the
future, for any purpose, without the prior written consent of ways2cover
;
(d) impersonate, or otherwise
misrepresent affiliation, connection or association with, any person or
entity;
(e) use or attempt to use any
engine, software, tool, agent, or other device or mechanism (including without
limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest
or otherwise collect information from the Website for any use, including without
limitation use on third-party websites;
(f) access content or data not intended for You, or log
onto a server or account that You are not authorized to access; (g) attempt to
probe, scan, or test the vulnerability of the Services, the Website, or any
associated system or network, or breach security or authentication measures
without proper authorization;
(h)
interfere or attempt to interfere with the use of the Website by any other
person, host, or network, including, without limitation by means of submitting a
virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” or (i)
attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce
or attempt to reduce to a human-perceivable form any of the source code used by
this Website.
Any violation of this
section may subject you to civil and/or criminal liability.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO
EVENT WILL ways2cover, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR
SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY IN,
RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR
PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO FIFTY DOLLARS (USD 50.00). YOU AGREE THAT REGARDLESS OF ANY STATUTE
OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN
ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU
AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF
RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU
AND ACKNOWLEDGE THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
INDEMNIFICATION:
As a condition of use of the Website and without
limiting any indemnification provision of this Agreement, You agree to defend,
indemnify and hold harmless ways2cover its officers, ors, employees,
agents, affiliates, representatives, sub-licensees, successors, and assigns
(collectively, the “Indemnified Parties”) from and against any and all claims,
actions, demands, causes of action and other proceedings (collectively,
“Claims”), including but not limited to legal costs and attorneys’ fees, arising
out of or resulting from Your use of the Website, including without limitation
any claims alleging facts that if true would constitute a breach by You of this
Agreement. The Indemnified Parties will have the right, but not the obligation,
to participate through counsel of their choice in any defense by You of any
Claim as to which You are required to defend, indemnify or hold harmless the
Indemnified Parties. You may not settle any Claim without the prior written
consent of the concerned Indemnified Parties.
GOVERNING LAW:
The Website and these Terms of Use will be construed,
enforced, and governed in accordance with the laws of the State of California,
without regard to any conflict of law principles. The state or federal courts in
Los Angeles County, California will have exclusive jurisdiction and venue over
all controversies in connection with this agreement, and You hereby consent to
such exclusive and personal jurisdiction and venue. Any claim You may have
against ways2cover must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. You agree to waive
any right to a jury trial in connection with any action or litigation in any way
arising out of or related to the Website and/or these Terms of Use and that each
party has the right to seek attorneys’ fees in any proceeding.
NOTICES:
All
notices required or permitted to be given under this Agreement must be in
writing. ways2cover shall give any notice to You by email sent to Your most
recent email address, if any, which was provided by You. You agree that any
notice received from us electronically satisfies any legal requirement that such
notice is in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR
EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL
BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You
shall give any notice to us by means of email to [email protected] Notice
to us shall be effective upon receipt.
SEVERABILITY:
If any provision of these Terms of Use shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid,
these Terms of Use as a whole shall not be deemed unlawful, void or
unenforceable, but only that provision of these Terms of Use that is adjudged to
be unlawful, void or unenforceable shall be limited or eliminated from these
Terms of Use. All remaining provisions shall remain in full force and
effect.
MISCELLANEOUS:
The headings contained herein are for convenience of
reference only and shall not limit or otherwise affect in any way the meaning or
interpretation of these Terms of Use.
ENTIRE
AGREEMENT:
these Terms of Use and
ways2cover’s Privacy Policy, which is hereby incorporated by reference as if
set forth fully herein, represent the entire agreement between You and ways2cover
with respect to the subject matter herein and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written.