AS A REGISTERED PARTICIPANT IN NASHVILLE ELECTRIC SERVICE’S (“NES”) TEXT MESSAGING PROGRAM (“NES TEXT”), YOU WILL HAVE THE ABILITY TO REPORT POWER OUTAGES TO NES AND RECEIVE UPDATES VIA TEXT MESSAGE REGARDING ELECTRIC SERVICE RESTORATION.
BY REGISTERING FOR NES TEXT, YOU ARE AGREEING TO THE NES TEXT TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY WITHOUT NOTICE TO YOU. ANY UPDATES TO NES TEXT ARE PROTECTED BY THIS AGREEMENT.
TO PARTICIPATE, YOU MUST SUBSCRIBE TO A WIRELESS PLAN THAT PROVIDES TEXT MESSAGING CAPABILITIES THROUGH A SUPPORTED CARRIER. STANDARD MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY MAY VARY DEPENDING ON OUTAGE ACTIVITY.
YOU CAN CANCEL YOUR ENROLLMENT IN NES TEXT AT ANY TIME BY TEXTING “STOP” TO 637797 (NESPWR).
PLEASE CAREFULLY REVIEW THE FOLLOWING NES TEXT TERMS AND CONDITIONS:
1. Cost of Participation
NES TEXT requires no purchase or fee to participate, however, message and data rates may apply. You are responsible for any fees incurred from using NES TEXT. Verify with your wireless carrier for details. Message frequency may vary depending on outage activity. Customers of NES may receive notifications when an emergency or outage occurs.
2. User Conduct
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or contains hate speech.
You acknowledge that NES may prescreen text message content you provide and shall have the right—without obligation and in its sole discretion—to prescreen, refuse, or remove any content you make available, including content that violates this section.
You agree to provide true, accurate and complete information about yourself during the NES TEXT registration process and to update this information promptly if it changes. If you provide any information that is untrue or inaccurate, not current or incomplete, or if we suspect that your information is untrue or inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate NES TEXT registration and/or access or refuse current or future access.
By sending text messages, you grant NES the perpetual and irrevocable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any and all text message content provided by you to NES (in whole or in part) and to incorporate such content into other works in any format now known or later developed.
4. Public Records Laws
All information transmitted through NES TEXT may be subject to applicable city, state and federal public records laws.
5. Confirmation, Opting Out or Asking Questions
You understand and agree that you will receive at least one confirmation text message for each text message sent to NES. To cancel your participation in NES TEXT at any time, please text the keyword “STOP” to 637797 (NESPWR). If you experience any problems with opting out of NES TEXT, email us with your mobile phone number and concerns at [email protected] or call (615) 736-6900.
7. No Guarantee
NES 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.
8. List of Supported Carriers
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile and Virgin Mobile.
Minor Carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Southern Linc, Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless), Cellcom and CSpire Wireless.
You agree to indemnify and hold NES and its subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors and suppliers harmless from any claim or demand due to or arising out of: (a) your use of NES TEXT; (b) your connection to NES TEXT; or (c) your violation of this Agreement.
10. Proprietary Rights
You acknowledge that NES TEXT contains proprietary information that is owned by NES and protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information other than for private use.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN NES TEXT IS AT YOUR SOLE RISK. NES TEXT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; AND (3) NON-INFRINGEMENT.
NES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (A) NES TEXT WILL MEET YOUR REQUIREMENTS; (B) NES TEXT WILL BE UNINTERRRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NES TEXT WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN NES TEXT WILL BE CORRECTED; AND (E) NES TEXT WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING OR OTHER SECURITY INTRUSIONS.
12. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: (1) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE NES TEXT); (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING NES TEXT; OR (3) ANY OTHER MATTER RELATING TO NES TEXT.
NES reserves the right, in its sole discretion, to cancel or suspend any or all of NES TEXT, in whole or in part, for any reason, with or without notice to you.
You affirm that you are at least 13 years of age and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent/guardian to accept the terms and provisions of this Agreement.
If you are a parent/guardian and have agreed to allow your minor child, or child for whom you are a guardian, to use NES TEXT, you agree that you shall be solely responsible for: (1) the conduct of such minor; and (2) the consequences of any use of NES TEXT by such minor.
15. Applicable Law and Disputes
These Terms and Conditions and NES’ relationship with you regarding NES TEXT are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in Davidson County, Tennessee, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
These Terms and Conditions contain the entire agreement between you and NES regarding the use of NES TEXT and supersede all prior understandings related to the use of NES TEXT. 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.
17. Contact Us
If you have any questions or concerns about NES TEXT, email us at [email protected].