MOBILE TEXT ALERTS – TERMS AND CONDITIONS

The Massachusetts Port Authority (“Massport”) offers an SMS text messaging service (“Text Alerts”) to help people stay informed about Massport properties.

Activate Text Alerts: To activate Text Alerts, text the word SIGN UP to 30256. Please be advised that message and data rates may apply. When you opt-in to the service, we will send you a message to confirm your signup.

Help: At any time, you can get additional help by texting the word HELP to 30256, and the service will respond with instructions on how to use this service as well as how to unsubscribe.

Stop Text Alerts: You may cancel Text Alerts by texting the word STOP to 30256. After you text STOP, you will receive a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from this service.

Pricing: As stated above, message and data rates may apply. Massport does not charge a fee for this service. However, Massport is not responsible for any charges from a person’s service carrier that may result from Massport providing this service. It is each user’s responsibility to check with their individual carrier, as other charges may apply. Massport assumes no responsibility for charges incurred by signing up for this text-messaging service.

Message Frequency: You may receive an average of approximately five (5) Text Alerts per week from this service.

Representations: By providing your mobile phone number(s) and successfully activating Text Alerts, (i) you acknowledge and represent to Massport that you are the authorized user of the mobile phone(s) that you link to the Text Alert 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 Massport express permission to send text messages to any mobile phone number you have enrolled in the Text Alert service through the mobile phone carrier for each enrolled mobile phone number unless and until such permission is revoked in accordance with these Terms and Conditions; and (iii) by granting such permission to Massport you are hereby expressly requesting to receive such text messages even if the enrolled mobile number(s) are on any federal, state, or other “Do Not Call List,” and you agree that such text messages shall not be in violation of any restrictions or requirements associated with any such “Do Not Call List.”

Compatible Carriers Include: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, 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), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). *T-Mobile is not liable for delayed or undelivered messages.

Changes in Terms: Massport reserves the right to change these Terms and Conditions or cancel the Text Alert service at any time. Your continued use and acceptance of Text Alerts after changes to the Terms and Conditions are posted will mean that you accept the modified terms.

No Warranties: Massport makes no representations or warranties whatsoever regarding Text Alerts or the Text Alerts service. The Text Alerts are distributed via third party mobile network carriers and, as a result, Massport cannot control certain factors relating to message delivery. Depending on the recipient's mobile carrier service, it may not be possible to transmit the Text Alert to the recipient successfully. Massport does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. The Text Alert service is provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Text Alerts service, and the results and performance thereof.

Limitation of Liability: In no event and under no cause of action, including negligence, shall Massport or its vendors or their respective members, officers, directors, employees, affiliates, or authorized agents (collectively, the “providers”), or your mobile phone carrier(s), be liable for any damages, claims or losses incurred (including direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with Text Alert services, and/or these terms, even if a provider is advised of the possibility of such damages, claims or losses.

Without limiting the generality of the foregoing, the providers shall not be liable to you or any third party for: (i) your use of or inability to use the Text Alert service for any reason; (ii) any inaccuracy, incompleteness or misinformation contained in any information provided through the Text Alert service; (iii) unauthorized access to, or alteration or loss of, your transmissions, data or other information that is collected, stored or sent in connection with the Text Alert service; (iv) errors, system down time, network or system outages, file corruption or service interruptions; or (v) any other use by you of the Text Alert service. In addition, the providers shall not be liable if the Text Alert service (or any part thereof) cannot be provided or for any failure to perform any obligations contained in these terms due to, directly or indirectly, the failure of any equipment, transmission or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of god or any other event beyond our control.

Governing Law: These Terms and Conditions shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of law provisions.

Privacy Policy Incorporated Herein: You agree that for all matters not explicitly addressed herein, including general terms applicable to Text Alerts, Massport’s Online Privacy Policy shall apply and is hereby incorporated by reference. The Privacy Policy can be found at https://www.massport.com/massport/about-massport/privacy/.

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