[vc_row][vc_column][boc_heading]Elkmont Media Terms and Conditions[/boc_heading][vc_column_text]
Elkmont Media Terms of Service
LAST REVISED ON: September 26, 2018
This Text Message Campaign Agreement (this “Agreement”) is made between MOMENTUM, LLC, a
Nebraska corporation (“MOMENTUM”), and you (“Client”). MOMENTUM and Client are sometimes
referred to herein as a “Party” or jointly as the “Parties.”
WHEREAS, MOMENTUM is a provider of mobile text messaging services; and
WHEREAS, Client desires to obtain mobile text messaging services from MOMENTUM.
NOW THEREFORE, for good and adequate consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereto hereby agree as follows:
1. Monthly Text Messaging Plan.
A. Monthly Plan. Pursuant to the plan chosen by Client, Client shall have the right to send up
to the plans allocated text messages (“Text Messages”) per month at a cost of the plans monthly
rate (the “Basic Rate”); provided, that, Text Messages not used by Client during any month
during the Term (as defined below) may be rolled over and used in any subsequent month up to
12 months. Client may upgrade or downgrade its plan at any time, such changes are charged to
the client’s credit card on file and any messages from the previous plan stay in account until that
plans 30 day billing cycle ends.
B. Option to Purchase Additional Text Messages. In the event Client determines that its
mobile text message requirements may be greater than the amount provided for in Section 1.A.,
Client may, at its option,
(i) Sign up for “overdraft protection” with an auto purchase option ensuring the Client’s
campaigns are not stopped because they have used all of their available monthly texts.
The auto purchase plans will be at a price equal the chosen monthly plan and will only be
triggered when they do not have enough texts to complete a broadcast.
(ii) Upgrade its plan, provided that, in such event, Client shall pay the rate of the
upgraded plan and the messages from the previous plan will stay active for 30 days from
when they were billed and Client shall be deemed to have chosen such upgraded plan as
its default plan for the remainder of the Term.
C. Standard Text Message Rates to Apply. In addition to the rates set forth above, standard
text message rates, if any, will continue to apply to Client’s use of Text Messages pursuant to the
terms of Client’s plan with its cellular provider.
D. Rate Changes. MOMENTUM shall have the right at any time, and from time to time, to change
the rate it charges
2. Payment.
A. Creation of Authorized Account. Client shall provide MOMENTUM with an authorized
credit card account number and authorization to charge such account, on a monthly basis, for
amounts incurred by Client in respect of the Base Rate, Standard Text Message Rate, any
Additional Message Charge and any Yearly Block Charge. MOMENTUM shall process payment of
the foregoing amounts through the service it chooses, including, without limitation,
authorize.net.
3. MOMENTUM Responsibilities.
A. MOMENTUM shall use its best efforts to provide a mobile text messaging network through
which Client may conduct its text messaging campaign.
B. MOMENTUM shall use reasonable efforts to notify Client, as soon as reasonably practicable
of any scheduled maintenance, or of any other event, that may limit Client’s ability to use Text
Messages.
C. MOMENTUM shall provide Client with an applicable keyword and password in order to
enable Client to use Text Messages.
D. MOMENTUM shall provide one or more Web Sites (the “MOMENTUM Web Site”) where
interested users may “opt-in” for text messages about specific information from various persons,
including Client. MOMENTUM shall use its best efforts to encourage persons to opt-in (“Opt-In
Users”) to the receipt of Client’s Text Messages, provided, that, the failure of MOMENTUM to
attract and retain Opt-In Users shall not constitute a breach of this Agreement.
4. Client Responsibilities.
A. Client will ensure that any Text Messages and any advertising campaign initiated by it
using Text Messages shall comply with all applicable foreign, federal, state and local laws, rules
and regulations as each may be amended from time to time, including, without limitation, those
that apply to advertising or marketing practices. For purposes of this Section 4.A., the acts or
omissions of Client’s employees, agents, subcontractors or affiliates (and such affiliates
employees, agents or representatives) shall also be deemed acts or omissions of Client.
B. Client will provide all reasonable assistance to MOMENTUM, including providing copies of
relevant documentation, books and records in connection with MOMENTUM’s compliance with any
requirements or conditions which are at any time imposed by any governmental body and which
are applicable to or affect Text Messages.
C. Client will provide any governmental body and/or MOMENTUM with such information or
material relating to Text Messages and any advertising campaign using Text Messages as any
governmental body shall reasonably request in order to carry out any investigation in connection
with (i) such Text Messages or advertising campaign or (ii) Client’s relationship with MOMENTUM.
D. Client will be solely responsible for any legal liability arising out of or relating to Text
Messages and/or any advertising campaign using Text Messages. If MOMENTUM is notified or
otherwise becomes aware of any use by Client of Text Messages that violates the terms of this
Agreement, MOMENTUM may (but shall not be required to) investigate the allegation and
determine, in its sole discretion, whether to terminate Client’s use of Text Messages and
terminate this Agreement.
E. Each of Client and MOMENTUM will ensure, on its own behalf, that its collection, access, use
and disclosure of any information from any person that opts-in to a MOMENTUM’s services, to
Client’s advertising campaign using Text Messages or is otherwise the target of Client Text
Messages shall comply with all applicable foreign, federal, state and local laws, rules and
regulations as they may be amended from time to time, including without limitation, (i) the
Federal Communications Commission’s Customer Proprietary Network Information Rules and
regulations implementing 47 USC 222 (the “CPNI Rules”), (ii) the California Online Privacy and
Disclosure Act of 2003, and (iii) laws governing the marketing by telephone, direct mail, e-mail,
wireless text messaging, fax and any other mode of communication (collectively, “Privacy
Laws”). Client and MOMENTUM shall each at all times perform its obligations hereunder in such a
manner so as not to cause the other to be in material violation of any applicable laws or
regulations, including any Privacy Laws. For purposes of the obligations set forth under this
Section 4.E., the acts or omissions of Client’s employees, agents, representatives, contractors,
subcontractors, or affiliates (and such affiliates employees, agents, representatives, contractors or
subcontractors) shall also be deemed acts or omissions of Client.
F. Without limitation to the foregoing provisions, Client agrees that it will not engage any
Text Messaging or any advertising campaign using Text Messages that or otherwise participate
in any activity that:
I. Is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially,
ethnically or otherwise objectionable;
II. Harms minors in any way;
III. That contains information or content that Client does not have a right to make
available under any law or under any contractual or fiduciary relationship;
IV. That infringes any patent, trademark, trade secret, copyright, or other proprietary
rights or rights of publicity or privacy of any person;
V. That is unsolicited or unauthorized or that constitutes “junk mail”, “spam”, or any
other form of unauthorized solicitation;
VI. Interferes with or disrupts any network or servers through which Text Messaging is
conducted, or that is in conflict with any requirements, procedures, policies, or regulations of any
network through which Text Messaging is conducted.
VII. Transmits or utilizes any (a) viruses, worms, Trojan horses, or other code that might
disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or
functionality of any software, firmware, hardware, wireless device, computer system or network,
(b) traps, time bombs, or other code that would disable any software based on the elapsing of a
period of time, advancement to a particular date or other numeral, (c) code that would permit any
third party to interfere with or surreptitiously access any information of any person, or (d)
content that causes disablement or impairment of any services, network or equipment of any
person;
VIII. Intentionally or unintentionally violates any applicable local, state, national or
international law, or any regulations, edict or decree having the force of law;
IX. Provides any material support or resources (or conceals or disguise the nature,
location, source or ownership of material support resources) to any organization designated by
the United States government as a foreign terrorist organization pursuant to Section 219 of the
Immigration and Nationality Act; or
X. Collect or store personal data about any person in connection with prohibited conduct
and activities set forth in this Section 4.F.
G. Upon written request from MOMENTUM, Client shall as soon as practicable, with reasonable
detail provide evidence of Client’s compliance with Section 4.D. and 4.E.
5. Ownership and Retention of Information.
A. MOMENTUM shall own all information provided to it by Opt-In Users or otherwise
collected by MOMENTUM in the performance of its obligations under this Agreement or otherwise.
B. Client may collect and upload onto MOMENTUM’s servers legally obtained information
(“Client Owned Information”) from persons interested in receiving Text Messages from Client.
Client shall maintain ownership of such information; provided, however, that MOMENTUM shall be
entitled to send, in connection with Client’s first Text Message to any person whose information
is Client Owned Information, a text message informing such person that the message it has
received was delivered to it through the MOMENTUM network, directing such person to the
MOMENTUM web site and inviting such person to create a personal user profile, and informing such
person about the manner in which they may opt-out from receiving Text Messages. In the event,
any such person creates such a user profile, any information provided to MOMENTUM by such
person shall be owned by MOMENTUM. From time to time, MOMENTUM shall be entitled to send
notices to persons whose information is Client Owned Information informing such persons about
the manner in which they may opt-out from receiving additional Text Messages.
C. Upon the termination of this Agreement for any reason, Client shall have no access to any
information owned by MOMENTUM.
D. MOMENTUM shall retain information collected by it and related to Client’s Text Messages or
any advertising campaign using Text Messages for a period of one (1) year from the date of
termination of this Agreement. If, during such period, MOMENTUM and Client enter into another
agreement, Client shall be entitled to use the retained information.
6. Assignment.
A. This Agreement may not be assigned by Client without the written consent of MOMENTUM.
B. Any attempted assignment, delegation or transfer of this Agreement in contravention of
the terms of this Section 6 shall be null and void.
7. Suspension of Service.
A. MOMENTUM may, in its sole and absolute discretion, suspend the provision of any or all
Text Message services at any time in the event that:
I. MOMENTUM is entitled to terminate this Agreement;
II. MOMENTUM has reason to believe that the Client is in breach of any of its obligations
under this Agreement;
III. Any payment due MOMENTUM under the terms of this Agreement is outstanding for a
period of 20 days following the due date thereof;
IV. MOMENTUM, despite its best efforts to the contrary, is unable to provide, on
commercially reasonable terms, a medium for distributing Text Messages.
B. MOMENTUM shall have the right (but not the obligation) to access and review Text
Messages, provided that the Parties acknowledge and agree that MOMENTUM has no obligation to
review or filter such content, solely as necessary to identify a potential breach of the terms of this
Agreement. In the event MOMENTUM discovers an actual or potential breach, MOMENTUM may
suspend the provision of Text Messaging Services for as long as it deems necessary, in its sole
and absolute discretion, to ensure compliance by Client.
8. Term.
A. MOMENTUM shall have the right to terminate this Agreement immediately in the event that:
I. MOMENTUM is unable to provide Text Messaging Services on commercially reasonable
terms as the result of the termination of any agreement between MOMENTUM and its network
providers; or
II. The provision of Text Messages under this Agreement becomes illegal or contrary to
any law or regulation or is in contravention of the Mobile Marketing Association Code of
Conduct.
B. Either party may terminate this Agreement immediately in the event the other party (i)
becomes insolvent, files a petition in bankruptcy or makes an assignment for the benefit of
creditors; or (ii) materially breaches its obligations under this Agreement and fails to cure such
breach within three days after receiving written notice thereof from the other.
9. Warranties; Disclaimers.
A. Each Party represents and warrants to the other that:
I. To the extent it is an entity, it has the full corporate or other right, power and authority
to enter into this Agreement and to perform its obligations hereunder;
II. Its execution of this Agreement and performance hereunder do not and will not violate
any agreement to which it is a party or by which it is bound; and
III. When executed and delivered, this Agreement will constitute the legal, valid and
binding obligation of such Party, enforceable against it in accordance with its terms.
B. Notwithstanding anything to the contrary contained in this Agreement, MOMENTUM
expressly disclaims, and shall have no responsibility or any liability of any kind for transmission
errors in, corruption of, or the security of Client’s date or content carried over wireline or
wireless telecommunication providers’ facilities and networks.
C. Notwithstanding anything to the contrary contained in this Agreement, MOMENTUM’s entire
liability and Client’s sole and exclusive remedy for the nonperformance by MOMENTUM of its
obligations under this Agreement shall be a refund or credit of any monthly Basic Rate for the
period affected by non-performance, a pro rata portion of any remaining Yearly Block Charge if
Client terminates this Agreement, and the termination of this Agreement as set forth in Section 8.
D. EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN THIS SECTION 9,
MOMENTUM DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SERVICES
PROVIDED BY IT UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY OR
ACCURACY. WITHOUT LIMITING THE FOREGOING, MOMENTUM DOES NOT
WARRANT THAT ANY SERVICES PROVIDED BY IT WILL BE UNINTERRUPTED OR
ERROR-FREE.
10 Limitation of Liability.
A. EXCEPT FOR LIABILITIES SUBJECT TO THE INDEMNITY PROVISIONS OF
THIS AGREEMENT OR BREACH, UNDER NO CIRCUMSTANCES WILL EITHER PARTY
BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY LOSS OF
PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING FROM THE SUBJECT MATTER OF THIS
AGREEMENT. THIS LIABILITY LIMITATION APPLIES EVEN IF THE OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS OR LOST BUSINESS,
AND EVEN IF THE DAMAGES WERE NOT REASONABLY FORESEEABLE, PROVIDED,
HOWEVER, THAT THE FOREGOING SHALL NOT BE INTERPRETED TO LIMIT
INDEMNIFICATION FOR ANY DAMAGES ASSESSED IN FAVOR OF A THIRD PARTY
IN CONNECTION WITH A THIRD PARTY CLAIM AGAINST AN INDEMNIFIED PARTY
TO THE EXTENT THE INDEMNIFIED PARTY IS OTHERWISE ENTITLED TO
INDEMNIFICATION HEREUNDER.
B. EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY
HEREUNDER SHALL BE LIMITED TO THE LESSER OF (i) $100,000 OR (ii) THE
AGGREGATE AMOUNT OF PAYMENTS MADE BY CLIENT TO MOMENTUM DURING THE
TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE APPLICABLE
CLAIM ARISES. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE
FOREGOING LIMITATION ON LIABILITY WILL NOT APPLY WITH RESPECT TO ANY
INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT OR THE
AMOUNT OF ANY FINES, RETENTIONS OR PENALTIES ASSESSED AGAINST ONE
PARTY AS A RESULT OF THE ACTIONS OF THE OTHER.
11. Indemnity.
A. Client, at its sole cost and expense, will indemnify, defend, and hold harmless MOMENTUM,
its affiliates, and each of their respective employees, officers, directors, representatives and
agents from and against any and all losses, damages, liabilities, settlements, costs and expenses
(including attorney’s and other professionals’ fees and other legal expenses) arising out of or
related to any claim, demand, suit, action, or proceeding initiated by a third party (each, a
“Claim”) arising out of or relating to: (i) any breach by Client of this Agreement or (ii) any
allegation that any Text Message or other communication by Client with third persons violates
any local, state, federal or foreign law, rule or regulation. MOMENTUM will provide Client with
written notice of any Claim and shall permit Client, at its sole cost and expense, to control the
defense, settlement, adjustment or compromise of such Claim. Notwithstanding anything to the
contrary contained in the previous sentence, MOMENTUM shall have the right to employ, at its sole
cost and expense, separate counsel and participate in the defense of any Claim, provided,
however, that if such counsel is necessary because of a conflict of interest or because Client does
not assume control of the defense of such Claim, Client shall be solely responsible for the cost
and expense of such counsel.
B. MOMENTUM, at its sole cost and expense, will indemnify, defend, and hold harmless Client,
its affiliates, and each of their respective employees, officers, directors, representatives and
agents from and against any and all losses, damages, liabilities, settlements, costs and expenses
(including attorney’s and other professionals’ fees and other legal expenses) arising out of or
related to any Claim arising out of or relating to any claim by a third party that the services
provided by MOMENTUM under this Agreement infringes or misappropriates any U.S. patent, U.S.
copyright, or any trade secret recognized as such under the United States Uniform Trade Secrets
Act. Client will provide MOMENTUM with written notice of any Claim, shall permit MOMENTUM, at
its sole cost and expense, to control the defense, settlement, adjustment or compromise of such
Claim, and, at MOMENTUM’s reasonable request and expense, assist in the defense of any such
Claim. If the services provided under this Agreement become, or in MOMENTUM’s opinion are
likely to become, the subject of a Claim, MOMENTUM may, at its option and expense, either (i)
procure for Client the right to use any remaining Text Messages previously paid for by Client,
(ii) replace or modify the services provided under this Agreement so that they become
non-infringing, or if neither of the foregoing options is possible after exercising commercially
reasonable efforts, (iii) terminate this Agreement. THIS SECTION STATES MOMENTUM’S
ENTIRE LIABILITY AND CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR
INFRINGEMENT CLAIMS AND ACTIONS.
12. Survival.
Notwithstanding anything to the contrary contained in this Agreement, the provisions of this
Section and Sections 9, 10, 11, 12, 14, 15, 16 and 18 shall survive the termination of this
Agreement. Further, all payment obligations, and any other provisions that by their nature are
intended to survive, also will survive the termination of this Agreement.
13. Force Majeure.
Neither party shall be liable hereunder by reason of any failure or delay in the performance
of its obligations hereunder on account strikes, shortages, riots, insurrection, fires, flood, storm,
explosion, acts of God, war, governmental action, labor conditions, earthquakes, or any other
cause which is beyond the reasonable control of such party, including, without limitation,
diminishment of power or of telecommunications or data networks or services not under the
control of a Party.
14. Arbitration.
The parties irrevocably agree that any controversy or claim arising out of, in connection
with or relating to this Agreement, or the interpretation, performance or breach thereof shall be
resolved by confidential and binding arbitration administered by the American Arbitration
Association (“AAA”) under the United States Arbitration Act and its Commercial Arbitration
Rules (“AAA Rules”), subject to the following terms: (i) Such arbitration shall be conducted in
Knoxville, Tennessee by three neutral arbitrators chosen in accordance with the AAA Rules, at
least one of whom shall be a lawyer; (ii) Either Party may apply to a court of competent
jurisdiction for relief in the form of a temporary restraining order or preliminary injunction, or
other provisional remedy pending final determination of a claim through arbitration; (iii) If
proper notice of any hearing has been given, the arbitrators will have full power to proceed to
arbitrate the matter in the absence of any party who fails to appear; (iv) The arbitrators shall
protect the attorney-client privilege and work product immunity in all proceedings under this
agreement; (v) The arbitrators may award arbitration costs, damages, and/or injunctive relief, but
in no event shall the arbitrators have the authority to award punitive damages, exemplary
damages, or either Party’s legal expenses for the arbitration, except as may specifically be
required by statute or permitted pursuant to the terms of this Agreement; (vi) The arbitrators
shall provide a reasoned opinion in accordance with applicable law supporting their award,
including detailed findings of fact and conclusions of law, which shall be final and binding on
the Parties; and (vii) Judgment on the award of the arbitrators may be entered in any court of
competent jurisdiction.
15. Entire Agreement.
This Agreement and the attachments hereto constitute the entire agreement between the
Parties regarding its subject matter. It supersedes, and its terms govern, all prior proposals,
agreements, or other communications between the parties, oral or written, regarding such subject
matter. This Agreement shall not be modified unless done so in a writing signed by an
authorized representative of each Party.
16. Notices.
Any notice or other communication required or permitted to be given under this Agreement
shall be given in writing and delivered in person, sent via registered mail, return receipt
requested, sent via facsimile or electronic mail with machine generated confirmation of
transmission or delivered by recognized courier service, without charge to the receiving Party at
its address specified below, and shall be deemed effective upon receipt. Either Party may from
time to time change the individual to receive notices or its address by giving the other Party
notice of the change in accordance with this Section:
To MOMENTUM:
Elkmont Media, LLC
Attention, President
PO Box 505
Fremont, NE 68025
Attention, President
PO Box 505
Fremont, NE 68025
17. Severability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such
provision shall be changed and interpreted as to best accomplish the objectives of such
provisions within the limits of applicable law or applicable court decisions.
18. Relationship of the Parties.
The relationship of the Parties established by this Agreement is that of independent
contractors, and this Agreement does not create an agency, employment, partnership or joint
venture relationship between the Parties. Each Party acknowledges and agrees that the business
relationship and activities contemplated by this Agreement are non-exclusive and that nothing in
this Agreement prohibits either Party from participating with any third party in business
relationships similar to those described herein.
19. Governing Law.
This Agreement shall be governed in all respects by the laws of the State of Tennessee,
exclusive of conflicts of law principles. To the extent either Party initiates any action or suit
under this Agreement, jurisdiction and venue will be in the state and federal courts located in
Knox County, State of Tennessee.
20. Attorney’s Fees.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys’ fees, costs and expenses in addition to
any other relief to which the prevailing Party is otherwise entitled.
21. Waiver.
The failure of either Party to require performance by the other Party of any provision hereof
shall not affect such Party’s full right to require such performance at any time thereafter, nor
shall the waiver by either Party of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
22. Non-interference with Business.
During this Agreement, and for a period of two years immediately following its termination,
each Party agrees not to interfere with the business of the other in any manner. By way of
example and not of limitation, Each Party agrees not to solicit or induce any employee,
independent contractor or other person to terminate or breach an employment, contractual or
other relationship with the other Party.
23. Privacy Policy
It is the policy of Elkmont Media, Inc. to respect the privacy of end users of the Service as
described in the Elkmont Media Terms and Conditions located at www.momentumgroupllc.com/terms-and-conditions. You agree that
Elkmont Media, Inc. may access and disclose any information, including user names and other
information, if they believe in good faith that such action is reasonably necessary to comply with
applicable laws and lawful government requests, to operate their systems properly, or to protect
themselves, their customers, or other third-Conditions parties. Elkmont Media, Inc. will never rent or
sell your phone number to any third party, nor will we use your phone number to initiate a call or
SMS message to you without your permission. By requesting information from Elkmont Media, Inc.,
you are agreeing (opting in) to receive SMS messages, specific to the SMS service, from
Elkmont Media, Inc. in the future unless you opt-out. Your wireless carrier and other service providers
also collect data about your SMS usage, and their practices are governed by their own privacy
policies.
24. Connections
Elkmont Media is not responsible for unavailable network connections; failed, incomplete,
garbled or delayed computer transmissions; online failures; hardware, software or other technical
malfunctions or disturbances; or any other communications failures or circumstances affecting,
disrupting or corrupting the Elkmont Media platform.
25. Mobile User – All Elkmont Media campaigns are at (Standard Rate – Message and Data Rates
May Apply).
●To unsubscribe or opt-out of the last campaign you received, simply reply with the
word STOP to the shortcode you subscribed to.
●To unsubscribe or opt-out of ALL your campaigns simply text the words STOP ALL to the shortcode you subscribed to.
●The message frequency for each campaign will be displayed in the opt-in message so
you know at what level of messages you may receive up to 6 messages per month.
●For HELP text the word HELP to the shortcode you subscribed to.
26. Elkmont Media supports all major U.S. carriers. The following is a list of carriers Elkmont Media currently
supports.
●Alltel
●Appalachian Wireless
●AT&T
●Bluegrass Cellular
●Boost
●Cellcom
●Cellular One
●Cellular One of East Central Illinois
●Cellular South
●Centennial Wireless
●Cox Wireless
●Immix Wireless
●MetroPCS
●Nextel Communications
●Revol Wireless
●Sprint PCS Wireless
●T-Mobile®
●Unicel
●US Cellular®
●Verizon Wireless
●Virgin Mobile USA
●West Central Wireless
27. Frequency of Service:
The Mobile User will receive up to 6 messages per month and “Message and Data Rates May
Apply”
28. Modifications to These Terms of Service
Elkmont Media reserves the right to amend these Terms of Service at its sole discretion and any
modifications shall be effective immediately upon posting. We will announce any such change
by posting the revised draft of these Terms of Service on the Site. You can determine when these
Terms of Service were last revised by referring to the “Last Revised On” legend at the top of this
page. By continuing to use the Site following such changes, you will be deemed to have agreed
to such changes. If you do not agree with the terms of these Terms of Service or any changes
thereto, please do not continue using this Site.
29. Customer Service
For more question please contact us at 402.301.3247 or email ![]()
cmanning@momentumgroupllc.com.
30. T-Mobile® is not liable for delayed or undelivered messages.
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