SMS terms and conditions

General

King County has several different Short Message/Messaging Service (SMS) services, (or "Services").

King County Services are owned and operated by King County and are used to provide many types of information. By using King County's Services you acknowledge and agree to comply with these Terms, the King County Privacy Policy, and all applicable laws in connection with King County's copyright, trademark and other intellectual property rights. If you do not agree, you should not access or use this Service.

The frequency of Service messages may vary. Message and data rates imposed by a telecommunications carrier may apply. Text HELP to 206-205-5000 for help. Reply STOP to cancel and discontinue use of any Service(s).

Use of information

King County reserves the right, and you authorize King County, to the use and assignment of all information regarding Services uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, photographs, or other information communicated by You to King County through the Services (collectively, the "Submission") will forever be the property of King County.

King County will not be required to treat any Submission as confidential. With regard to any information you provide to King County, you agree and consent to King County using, transferring to any King County department or third party, and retaining such information as needed in conducting King County's official business. Any information you provide to King County may be subject to public disclosure in accordance with the Washington Public Records Act or other local state or federal laws, rules and/or regulations.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Changes

King County, in its sole discretion, may modify these Terms, or add or remove terms at any time and such modifications, additions or deletions will be effective immediately upon posting. King County may change or discontinue any aspect, feature or service of the Service at any time, temporarily or permanently, with or without notice.

Restrictions on use

The content of King County's Services including all text, graphics, compilations, data, and other documentation, is the property of King County and is protected by copyright law. You may not publish, display, distribute or commercially exploit any of the Services without the prior written permission of King County.

Service interactive use restrictions

Services may contain interactive features in which you may participate. By engaging in such participation, you agree that you will not:

• Transmit any information that is illegal, harmful, abusive, defamatory, harassing, threatening, obscene, libelous, or racially, sexually, religiously otherwise objectionable and offensive or violates the legal rights of others;
• Misrepresent one's person, background, or character;
• Sell, advertise, or exchange any goods or services unless expressly allowed;
• Transmit any material that violates the intellectual property or proprietary rights of a third party;
• Interfere with any other person's right to privacy, including posting private, personal information about a third party without consent;
• Transmit any content that is off topic;
• Transmit content that violates any law, whether or not the violation is intentional.

Indemnification by user

You will defend King County against any claim, demand, suit, or proceeding made or brought against King County by a third party alleging that any data you use in conjunction with Service(s), or your use of any service or content in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates any law (a "Claim Against King County"), and you will indemnify King County from any damages, attorney fees and costs incurred by King County as a result of, or for any amounts paid by King County under a court-approved settlement of, a Claim Against King County, provided King County (a) promptly gives you written notice of the Claim Against King County, (b) gives you sole control of the defense and settlement of the Claim Against King County (except that you may not settle any Claim Against King County unless it unconditionally releases King County of all liability), and (c) gives you all reasonable assistance, at your expense.

Disclaimer of warranty; limitation of liability

King County and telecommunications carriers attempt to provide the best service available, but situations will occur that disrupt service or cause inaccurate information to be transmitted. The material delivered by the Service is not guaranteed as to accuracy, completeness, reliability, usefulness, or timeliness. The provision of the Service depends on a number of items, including Internet availability, telecom network availability, communications networks, and computer equipment which are beyond the control of King County and difficult to predict.

The information on this Service is not intended to constitute advice nor is it to be used as a substitute for specific advice from a professional. You should not act (or refrain from acting) based upon the information from this Service without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances.

Those relying on information presented on any Service(s) do so at their own risk. You assume the risk that the information provided may be incorrect, delayed, untimely, or go undelivered, as well as the risk that any information may cause loss of data or damage to your phone or computer systems and neither King County, nor any of its officials, employees or agents shall be liable for either the accuracy of this information or any actions taken based on the information. King County does not represent that the use of any information will not infringe privately owned rights.

All information on any Service(s) are provided "as is", "with all faults" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement nor shall the distribution of this information constitute any warranty. King County assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to the Service.

To the fullest extent permissible under applicable law, under no circumstances, including, but not limited to, negligence, shall King County, its officials and employees, or any contributor to the Service be liable for any direct or indirect damages, even if both parties are aware of the possibility of such damages, including without limitation loss of profits or for any other incidental, special, consequential or exemplary damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, arising out of or related to your use of, or the inability to use, the Service or its content.

King County is not responsible for or liable for any damage, including damage caused by viruses, to your phone, computer, computer system, or other property, during or on account of access or use of this Service. We welcome feedback at kingcounty.gov, but provide no guarantee that feedback will result in Service changes. If you are dissatisfied in any way with any of these terms of use, your sole and exclusive remedy is to discontinue use of the Service(s).

Right to privacy

King County, as a government entity, conducts public business and records related to the business of King County are generally available for public review. King County is committed, to the extent allowable by law, to protect and secure personal information contained in King County records.

This privacy commitment must be balanced with the rights of public access under chapter 42.56 RCW, Washington Public Records Act, consistent with chapter 2.14 of the King County Code and any other applicable federal, state, and local statute or regulation.

Read the King County Privacy Policy

Personal Information, as defined in the Privacy Policy, collected from you from any Service(s) will be used for the purpose for which it is provided. By accessing and using a Service, you agree to these conditions set forth below. If you do not agree, you should not use any Services.

Miscellaneous

These terms of use constitute the entire agreement between you and King County with respect to the subject matter hereof and supersedes all previous written or oral agreements, if any, between you and King County with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Washington as well as with all federal law and regulations, without regard to its conflict of laws provisions.

You consent to the exclusive jurisdiction of the state and federal courts in King County, Washington in all disputes arising out of or related to these terms of use and the use of the Service. The invalidity of any term or provision of these terms will not affect the validity of any other term or provision. Waiver by King County of strict performances of any provision of these terms will not be a waiver of or prejudice King County's right to require strict performance of the same provision in the future or of any other provision of these terms.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Comments or questions about any Service or the terms of use should be directed to accessibleservices@kingcounty.gov