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Terms and conditions:

For Customer Service, please call 888-551-7081 24 hours a day or email help@mistymobile.com

1.All MistyMobile SMS programs run on the short code 71975. This program is a service provided by Dream Audio, Inc. Your mobile service provider may charge for sending and/or receiving messages and air-time. Premium charges will be charged to your phone bill or deducted from your prepaid account. For additional questions, please send an email with your mobile phone number to help@mistymobile.com. For help, text HELP to 71975. To stop all services, send STOP to 71975. 1. The Alert service provided by MistyMobile is a subscription service. The frequency of alerts is based upon user preferences. The MistyMobile services are standard rate text messaging programs (the "Program"), allowing Opt-ed in participants to receive information and alerts on MistyMobile's program.

2. Please note that to process your requests for these services, you may be charged a fee to send and receive messages based on the terms of your wireless service. Message and Data Rates May Apply.  All charges are billed by and payable to your mobile service provider. Check your mobile service provider if you have questions about your service plan.

3. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.

4. This service is available on all major carriers including Cellular One, Cellular South, Cincinnati Bell,Dobson, Midwest Wireless, Sprint, T-mobile, Verizon Wireless (Message and Data Rates May Apply), Virgin Mobile, Cricket, U.S. Cellular.

5. MistyAlerts @ $9.99/month is available on VERIZON WIRELESS (billed 1 time every 30 days on recurring basis to your wireless bill or deducted from your prepaid balance). Number of messages based on profile preferences. MistyMobile is billed to your wireless bill or deducted from your prepaid account. Message and Data Rates May Apply. For Help text HELP to 71975TO OPT OUT, SEND STOP TO 71975.

6. U.S. CELLULAR: MistyMobile is available @ $9.99/month OR $9.99 for 12 hour of calendar time OR $2.99 for 2 hours of calendar time depending on user choice. Charged to your wireless bill or deducted from your prepaid account (* through customer double opt-in via IVR. Customer presses 1 twice to approve charges) Message and Data Rates May Apply. Number of alerts based upon user preferences.

7. SPRINT: MistyMobile @ $9.99/month billed to your wireless bill or deducted from your prepaid account. Message and Data Rates May Apply. Number of alerts based upon user preferences.

8. MistyMobile @ $1.99 for 1 hour of calendar time OR $2.99 for 2 hours of calendar time available on T-Mobile (Number of alerts based upon user preferences), and Virgin. MistyMobile is billed to your wireless bill or deducted from your prepaid account. Message and Data Rates May Apply.

9. For all customer service inquiries or additional questions, please click HELP

Privacy Policy:

MistyMobile respects your privacy. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, 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. 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. You can cancel your receipt of all this service messages by sending STOP, STOP ALL, UNSUBSCRIBE, END, or QUIT to any text message you receive or to the shortcode 71975.

Effective Date: September 01, 2007

Arbitration

MISTY MOBILE and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to "MISTY MOBILE," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services.  You agree that, by entering into this Agreement, you and MISTY MOBILE are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to MISTY MOBILE should be addressed to: Dispute Resolution, MISTY MOBILE, 93 S. Jackson Street, Suite 19565Seattle, WA 98104 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MISTY MOBILE and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MISTY MOBILE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MISTY MOBILE or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MISTY MOBILE is entitled.

 

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Terms and conditions