SMS Texting Terms of Use
Texting at Baystate Sewage - General
BAY STATE SEWAGE DISPOSAL INC. Including its subsidiaries and affiliates, ("Baystate") offers its customers the option of receiving certain information by Short Message Service (SMS) or texting services ("Text(s)"). These SMS Texting Terms of Use (“SMS Texting Terms of Use”) set forth the terms and conditions applicable to your participation in Texting with Baystate.
Throughout this document, references to “we” or “us” means Baystate, and references to “you(r)” means a participating customer.
Bay State offers customers the option of participating in a variety of offerings and programs ("Campaign(s)") by Text.
Please see the information below to learn more about Campaign and Service Appointment Reminder Texts and your participation in one or both.
Bay State reserves the right to change, modify or update its SMS Texting Terms of Use at any time and for any reason, without notice to you, by updating this document.
Customer Text — communication preferences
Customers may sign up for Texts in the following ways
Provide your mobile phone number during your Scheduling of your Service Appointment
If you select to receive Texts as your communication preference, as applicable, we will send you information directly to your mobile phone. For example, if you opt in "Text" when scheduling your service appointment, you will receive Texts from us notifying you when your service appointment is coming due.
Text help and your privacy
If your phone becomes lost or is stolen, or you simply wish to opt out of any Campaign(s) Texts and/or Customer Texts in which you signed up to participate, contact us at the toll-free number or the email address listed below. Baystate will make every effort to manually remove you from all of our Campaign(s) Texts and/or Customer Texts within a reasonable time period. You will be required to provide your cell phone number in order for us to process your request.
To stop receiving Texts, text the word STOP to 8334162974 to cancel your participation at any time or call Baystate to cancel.
Baystate respects your privacy.
Contact information
BAY STATE SEWAGE DISPOSAL INC.
105 Kingman Street
Lakeville, MA 02347
Toll free phone: 888-822-0766
Customer Service hours: M-F 7:00 a.m. to 6:00 p.m. EST Saturdays 8:00 am to 2:00 pm
Email: smshelp@baystatesewage.com
Specific Terms and Conditions of Use
These terms and conditions are applicable to Campaign Texts and Customer Texts.
Suspension or Termination of Texting
Baystate may, in its sole discretion, terminate or suspend your use of Texting at any time and for any reason, including your failure to adhere to these SMS Texting Terms Of Use.
Eligibility
You must be at least 18 years old to be eligible to use Texting. No one under age 18 may engage in Texting with Baystate under any circumstances. By signing up to participate in Campaign(s) Text and or Customer Text, you are representing and warranting to Baystate that you are at least 18 years of age.
Costs
Baystate does not charge a fee to send Texts. However, message and data rates may apply from your mobile carrier (e.g., AT&T, Verizon, TMobile, etc.). The number of Texts you receive from us will depend on the number and type of Campaign(s) Texts and/or Customer Texts for which you sign up. For example, your cellular phone service provider may charge you to send or receive wireless text messages in general. Under no circumstances will Baystate or its employees, officers, directors or agents be held responsible for any charges or costs related to your participation in Texting.
Warranty & Disclaimer
Baystate safeguards your personal information in accordance with applicable law and corporate standards. Unfortunately, the security of data transmitted over cellular networks can never be fully guaranteed. Baystate cannot warrant complete security of information in transit. Baystate shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality while information is in transit with respect to your participation in Texting with Baystate.
BAYSTATE PROVIDES TEXTING "AS IS" WITH NO WARRANTIES OF ANY KIND. BAYSTATE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING TEXTING, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT TEXTING WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Some state laws do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply based upon your location.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL BAYSTATE OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN TEXTING WHETHER OR NOT BAYSTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with Texting or with these SMS Texting Terms of Use, your sole and exclusive remedy is to discontinue participation in Texting. You acknowledge, by your ongoing participation in Texting, that you accept and agree to these SMS Texting Terms of Use and that your participation in Texting is at your sole risk.
Indemnity
You agree to indemnify, defend and hold harmless Baystate, its employees, officers, directors and agents from and against any and all claims, liabilities, penalties, settlements, judgments or fees (including reasonable attorneys' fees) arising from (i) any information that you or anyone using your account may submit to us when participating in Texting; (ii) your participation in Texting; (iii) your violation of these SMS Texting Terms Of Use; and/or (iv) any violation or failure by you to comply with all applicable laws and regulations in connection with Texting.
Assignment
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Baystate. Any such purported assignment or delegation by you without the appropriate prior written consent of Baystate will be null and void and of no force or effect.
Governing Law and Jurisdiction
By agreeing to receive Texts from Baystate, you agree to be subject to personal jurisdiction in the Commonwealth of Massachusetts. Any transaction or occurrence arising out of your receipt of a Text shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (excluding any conflict of law’s provisions of the Commonwealth of Massachusetts that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding a Text shall be brought only in Plymouth County, Massachusetts.