SMS Terms and Conditions


End User Terms


Terms of Use

Welcome! By using Ahern's services ("Ahern Services"), you agree to be bound by the following terms and conditions (the "Terms of Use").

Content provided by Ahern

The information displayed as query results or scheduled alerts represent the best efforts of Ahern. Information provided over Ahern Services may produce results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a message delivered via a Ahern service will not provide unintended or objectionable content and assume no responsibility for the content included in by Ahern' Customers using Ahern Services.

Unsubscribing

For all subscription services of Ahern, you can instantly unsubscribe by texting STOP or STOP ALL to the shortcode you are subscribed to (24376). If you need additional assistance, please call 800-790-6597. For help, text HELP to 24376.

No Automated Querying

You may not send automated queries of any sort to Ahern's system without express permission in advance from Ahern. You are not allowed to copy, create a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.

Privacy Policy

We, take your privacy to be a number one priority. Therefore, we pledge that:
  • We will never, under any circumstances, sell or otherwise distribute your cell phone numbers to third parties or Ahern clients for which you have not opted in
  • We will never market to you directly any services for which you have not opted in, either by cell phone text message or email.
  • We will never distribute any personal information about you, including your phone number, name, billing information, or any other piece of identifying information
Rest assured, we are paranoid about your privacy. We pride ourselves on our ability to offer worthwhile services, not spam.

Changes In Terms and Conditions and Ahern Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Trademarks, Names and Logos

All trademarks, names and logos used on this site (Ahern.com) or delivered via Ahern services are owned by Ahern (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly implied, granted within or as a result of your use of Ahern services or this site. Without Ahern's prior permission, you agree not to display or use in any manner, the Ahern trademarks, names and logo.

Charges

Unless expressly noted, all services are offered without charge. Message and Data Rates May Apply. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Ahern services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

Supported Carriers

ALLTEL, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Dobson, ECIT, GCI, Illinois Valley IVC, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, Nex-Tech, Nextel, NTelos, Revol Wireless, Simmetry, Sprint, SunCom, T-Mobile, Unicel, United Wireless, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time.

Submissions

We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Ahern shall be and remain the exclusive property of Ahern. Your submission of any such Comments shall constitute an assignment to Ahern of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Ahern will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Ahern expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Disclaimer of Warranties

Ahern disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Ahern Services results. Ahern disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Ahern disclaims any responsibility for any harm resulting from information or material through the Ahern Services.

THE Ahern SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Ahern SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Ahern AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Ahern AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Ahern SERVICES. Ahern AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Ahern SERVICES. Ahern AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Ahern SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE Ahern SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Ahern SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Ahern SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Ahern OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Ahern SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Ahern OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Ahern SERVICES, FROM INABILITY TO USE THE Ahern SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Ahern SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Ahern SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Ahern SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Ahern SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Ahern SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Ahern SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Ahern SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Ahern or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Available only on participating wireless carriers

ALLTEL, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Dobson, ECIT, GCI, Illinois Valley IVC, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, Nex-Tech, Nextel, NTelos, Revol Wireless, Simmetry, Sprint, SunCom, T-Mobile, Unicel, United Wireless, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time.

Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Ahern.

Effective Date: May 15, 2008

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