These terms and conditions ("Terms") apply to the use of the NuTEQ Solutions, LLC Products and Services including, but not limited to, GOCare Connect unified communications platform inclusive of GOCare Messenger text messaging alerts (“GOCare”) offered by NuTEQ Solutions, LLC and its affiliates (collectively, “NuTEQ”, “us”, and “our”). GOCare products and services are available only to NuTEQ clients and our clients’ subscribers (individually or collectively “you” and “your” (or derivatives)). GOCare products and services may be offered as layered services in conjunction with one or more “partner” provider(s) – directly or indirectly – under contract with NuTEQ or otherwise. These Terms and Conditions apply in addition to all other terms, agreements, and policies that third-party service provider may impose.
GOCare Connect is a unified messaging platform capable of delivering communications between our client employee(s) and their customer(s) or between team members within the client Company. Communications may be in the form of email, SMS, web chat, a variety of social media channels, and / or VoIP phone service. One or more of these channels may require facilitation by a third-party service provider (Facebook, Verizon, etc). NuTEQ’s client may be required to separately contract for an account or service from one or more of these parties to successfully deploy GOCare Connect. These Terms and Conditions hereby incorporate the respective Terms and Conditions of such third-party providers for the benefit of NuTEQ in delivering GOCare Connect and its related service offerings.
In order to use GOCare, you may be required to provide information about yourself (such as account identification, phone number(s), and contact details) to verify your status as the account holder or authorized person on the NuTEQ client account. By providing your mobile phone number(s) to a NuTEQ client, you provide us with your express consent to receive text message (Short Messaging Service “SMS” and Multimedia Messaging Service “MMS”) alerts at that number and (i) acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to our text message service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service; (ii) you grant NuTEQ express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these terms and conditions; (iii) your receipt of SMS and/or MMS messages from NuTEQ (“NuTEQ alerts”) is NOT a violation of state or federal rules including, but not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act or a violation of the California Privacy Rights Act (CPRA) of 2020 or California Consumer Privacy Act (CCPA) of 2018; (iv) you understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and (v) by granting such permission to NuTEQ you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).
Types of GOCare: Informational and emergency text message alerts may be activated on your account automatically, you may receive enrollment confirmation message, or both. These messages allow us to inform you about planned and unplanned service outages in your area, appointment reminders, as well as remind you about important account information (invoice availability, balance due and payment due dates, payment confirmations, and other issues). If you do not wish to receive such alerts, you must notify us as indicated below. We may also inform you about the availability of special promotions that we are offering through text messages.
Stopping GOCare: Text alerts can be cancelled at any time by texting "STOP" from your mobile phone in response to a text message from NuTEQ, or texting “STOP” to 90622. You agree that your prior express consent to receive text alerts shall continue indefinitely unless and until you cancel your prior express consent through the means mentioned in this paragraph. Other methods or means attempted to revoke your prior express consent may cause unnecessary delay or be ineffective and you hereby release NuTEQ from any liability related to your efforts to revoke your prior express consent by methods or means other than texting “STOP” (without spaces or other words) to 90622. If revoking your consent by texting "STOP" to 90622 (or in response to a NuTEQ Alert), your text message should contain only the word “STOP” without any additional words, spaces, or characters either before or after the word “STOP”. NuTEQ will reasonably endeavor to comply with other text (email or phone) communications in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you (a) understand that text messages to 90622 go to an automated number that is not monitored by a human, and the ability to interpret your intent is severely restricted and, therefore, (b) you hereby release NuTEQ from any liability for your efforts to revoke your permission via a text message that does not strictly comply with the terms stated in the first sentence of this paragraph. Furthermore, by activating text alerts, you hereby grant NuTEQ express permission (without qualification) to respond to your cancellation request whether that request came through a telephone call with a NuTEQ employee, or by texting "STOP" with a confirmatory text message in return that will (i) confirm receipt of your cancellation request as well as (ii) indicate that you will no longer receive text alerts from NuTEQ. Furthermore, you agree that NuTEQ will reasonably endeavor to send you the aforementioned confirmatory cancellation text message in a timely manner.
However, you hereby release NuTEQ from any liability related to a confirmatory text message or the timeliness in which you receive one.
Get Help or Support: To get help or answers to your questions, visit our website at https://nuteqsolutions.com/alerts text the word HELP without additional characters to 90622 for assistance with GOCare (you must be registered for GOCare for proper HELP by text), or call 678-915-8398.
Cost of GOCare: NuTEQ does not charge to send you text alerts. However, depending on the plan you subscribe to with your wireless carrier, message and data rates may be applied by your mobile carrier. Check with your wireless phone carrier for your plan details.
Message Frequency: Message frequency will be at least monthly, but ultimately depends on the type of alerts sent to your mobile phone, the manner in which you conduct account activities, as well as the number of planned or unplanned maintenance events scheduled in your area. Customers can typically expect 3 - 5 messages per month from GOCare.
Carriers Supported List: The following carriers are currently supported by NuTEQ’s text alert service: AT&T, Alaska (ACS Wireless), Alltel Wireless, Appalachian Wireless, Bluegrass Cellular, Boost Mobile, C Spire Wireless, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Charlton Valley Cellular, Chat Mobility, Cincinnati Bell, Coral Wireless, Cricket (Leap Wireless), Cross (d/b/a Sprocket), DTC Wireless, Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Leaco, MetroPCS, Mosaic, Nemont/Sagebrush, NTELOS, Nex-Tech Wireless, Nextel Communications, Northwest Missouri Cellular, Panhandle Wireless, Peoples Wireless, Pine Cellular, Pioneer, Plateau Wireless, Revol Wireless, Rina-Custer, Rina-All West, Rina-Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina Farmers Mutual Telephone Co, Rina—Nucla Nutria Telephone Co, Rina-Silver Star, Rina-South Central Comm, Rina-Syringa, Rina-UBET, Rina-Manti, South Canaan/Cellular One of NEPA, Sprint PCS Wireless, T-Mobile, Thumb Cellular, US Cellular, Union Wireless, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile, and West Central Wireless (WCC).
Changes in Terms: NuTEQ reserves the right to change these terms or cancel GOCare alerts at any time with or without notice to you. Please check these Text Alerts Terms and Conditions on a regular basis for changes. Your continued use and acceptance of GOCare alerts after changes are posted will mean that you accept the terms as modified by the posted changes.
No Guarantee or Warranties: NuTEQ may utilize one or more partner platform or service offerings – including, but not limited to, wireless providers, email providers, social media providers, wireless network aggregators, and / or Software-as-a-Service (SaaS) platform providers their underlying platforms to provide end-to-end communications. For example, GOCare uses wireless service provider networks to deliver SMS and/or MMS (text) service; however, NuTEQ does not operate the wireless networks. NuTEQ is not liable for the availability (or lack thereof) of wireless network coverage, the failure of the wireless networks to complete a transaction, deliver an Alert or message, or otherwise interfere with the timeliness or transmission of SMS and/or MMS or GOCare. NuTEQ disclaims any responsibility for any wireless service used to access GOCare. Alerts is available to customers based in the United States. Customer understands and acknowledges that Alerts is not intended to be accessed from outside of the United States. In addition, because NuTEQ does not operate or control the wireless networks used to access GOCare, we cannot guarantee the privacy or security of wireless data transmissions. Please check with your wireless service provider for information about its privacy and security practices. NuTEQ is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider. NuTEQ also makes no representations or warranties whatsoever regarding text alerts. The services are provided on an “as is” and “as available” basis. NuTEQ and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. NuTEQ, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors make no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the services will be accurate or reliable. NuTEQ specifically disclaims any liability for service quality (or lack thereof), or content delivered over GOCare Connect to or from third-party providers, including but not limited to email, SMS, web chat, SMS chat, social media channels (examples: Twitter, Facebook, Slack, Snapchat, etc), and incorporate the Terms and Conditions of any and all such third-party providers by way of these Terms and Conditions for the benefit of NuTEQ Solutions.
Privacy: You acknowledge and agree that text messaging and other electronic communications are provided via electronic systems which use radios, wired and wireless networks, (and other means) to transmit communications over complex networks. We do not guarantee that your use of our services, or third-party services over our services, including but not limited to email, SMS text messages, web chat, phone or social media will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of text messaging, including expressing your desire to not receive them.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NuTEQ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ANY OTHER DAMAGES, EVEN IF NuTEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OR RECEIPT OF OR FAILURE TO RECEIVE TEXT ALERTS OR OTHER ELECTRONIC COMMUNICATIONS. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL NuTEQ, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF OR RELIANCE ON INFORMATION OBTAINED THROUGH THE ALERTS. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." NuTEQ AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, NuTEQ SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS IN THE TRANSMISSION OF MESSAGES DUE TO CIRCUMSTANCES OUT OF LONG LINES’S CONTROL.
Indemnity: To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless NuTEQ, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or receipt of or failure to receive NuTEQ’s text alerts.
Termination: NuTEQ reserves the right, in its sole discretion, to cancel or suspend its text alert services, in whole or in part, for any reason, with or without notice to you.
Governing Law; Enforceability: Governing law and enforceability of these Terms and Conditions will be the same as those that apply to your services’ otherwise applicable terms and conditions. In case of a conflict or ambiguity regarding governing law in such otherwise applicable terms and conditions, these Terms and Conditions will be construed under the laws of the State of Georgia. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms and Conditions, and the remaining portions shall remain in full force and effect.