WiggleWireless Terms of Use


This is a free service from WiggleWireless. Please consult your wireless service provider as some Standard Text Messaging Rates might Apply.

You can find WiggleWireless Code of Conduct and Best Practices policies on our web site.

You can opt-out of any WiggleWireless campaign by, 1. Sending an email request to support@wigglewireless.com 2. Reply to any WiggleWireless text message - type "UNSUBSCRIBE" in the body of the message. 3. Logging into your WiggleWireless account online.

1. Description of the Service
This Service is provided by WiggleWireless Inc, and is subject to (i) the terms of these Terms of Service ("Agreement"), (ii) the Privacy Policy. All such rules and Privacy Policy are hereby incorporated by reference into this Agreement. WiggleWireless provides an SMS message delivery service for a predefined Event. The messages may include (i) pre-event informational messages, (ii) live update messages during the event, or (iii) post-event wrap-up messages.

2. Acceptance of these Terms of Service
Prior to registering with the Service, You will confirm that You accept all the terms and conditions of these Terms of Service. If You do not accept these Terms of Service, WiggleWireless will not provide these or any other service to You, and Your use of any portion of the Service is conditioned on Your full acceptance of these Terms of Service. Further, by retrieving messages under this Service, You agree to be bound by the Terms of Service, as amended from time-to-time.

3. Registration Requirements
In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself, including Your SMS address, as prompted by the Service's registration form. It is Your responsibility to make sure that your information and Your SMS address is up-to-date. If You provide any information that is untrue, inaccurate, not current or incomplete, or WiggleWireless has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WiggleWireless has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). WiggleWireless is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services or Content is appropriate for your child.

4. Quality of Service
You use your account and information in the SMS messages entirely at your own risk. WiggleWireless does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on Your life when You use Your account or receive or not receive messages. During peak usage, messages may be time-delayed to maintain overall system performance. WiggleWireless makes no representation as the timeliness of its live updates. WiggleWireless offers the Service through commercial wireless carriers and providers of wireless connectivity and infrastructure. WiggleWireless makes no representation as to the quality of service of these carriers and connectivity providers. WiggleWireless is not responsible for:

any loss of connectivity between Your mobile device and Your wireless carrier;

any loss of connectivity between Your wireless carrier and their Internet server; and

any loss of connectivity between the carrier Internet server and the Service server;

If Your mobile device is not actively connected when WiggleWireless sends a message to Your SMS address, the message may be significantly delay or lost. It is Your responsibility to position and operate Your mobile device to maintain connectivity during the term of this Agreement. Your connectivity speed, data rates, and resolution are determined by Your mobile device and Your wireless carrier. Some information and messages may not be properly received due to incompatibilities of Your equipment or Your particular wireless service.

5. User Account and Security
You will receive confirmation of your User ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify WiggleWireless of any unauthorized use of your password or Account or any other breach of security.

6. Termination
You agree that WiggleWireless, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WiggleWireless believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. WiggleWireless may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that WiggleWireless may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that WiggleWireless shall not be liable to you or any third-party for any termination of your access to the Service.

7. Copyrights
You acknowledge and agree that the Service, Content of the messages, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Software and Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WiggleWireless or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WiggleWireless for use in accessing the Service. The Service is protected by United States and international law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from WiggleWireless, copy, modify, or publicly display the Serive or Messages in whole or in part. Your use of the Service, or receipt of Messages, does not create a license or any other rights in WiggleWireless's or its licensor's trademarks, services, copyrights, or any other intellectual property or proprietary rights.

8. Equipment
You understand and agree that the Service is provided "AS-IS" and that WiggleWireless assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the SMS messaging system, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the SMS messaging system, including a mobile or other wireless device.

9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WIGGLEWIRELESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) WIGGLEWIRELESS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIGGLEWIRELESS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIGGLEWIRELESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WIGGLEWIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WIGGLEWIRELESS' LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF(A) THE AMOUNT OF FEES YOU PAY TO WIGGLEWIRELESS IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

11. Dispute Resolution
Any dispute arising under Your use of the Service, these Terms of Service, or with WiggleWireless shall be resolved using a binding arbitration process. The binding arbitration shall be held in San Diego County, California, in the English language, and under the rules of the American Arbitration Association (AAA). You and WiggleWireless agree to be bound by any decision in the arbitration, and not to appeal any arbitration decision to a court system. Notwithstanding the above, WiggleWireless may seek injunctive relief with regard to Your copyright infringement or other copyright violation

12. Changes to the Service
WiggleWireless reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WiggleWireless shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Use of the Service
You agree that the Service is provided for personal entertainment purposes only, and will not be used or relied upon for weather forecasts, traffic congestion, or event or race planning. WiggleWireless makes no representation as the accuracy or completeness of any message. WiggleWireless shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any racing or event decisions made based on such information. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You understand that the Service is for your private and personal use only.

14. Indemnity
You agree to indemnify and hold WiggleWireless, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

15. General
This Agreement constitutes the entire agreement between you and WiggleWireless and governs your use of the Service, superseding any prior agreements between you and WiggleWireless. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and WiggleWireless shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and WiggleWireless agree to submit to the personal and exclusive jurisdiction of the courts or arbitration panel located within the county of San Diego, California, USA. The failure of WiggleWireless to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Coming soon
More wireless programs from your favorite brands:
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  • Youth Runner Magazine
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  • MS Challenge 3 Day Walk
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  • Carlsbad Marathon, Half, Keebler Kids & Super One
  • City Sports Magazine
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  • Metro Sports Washington DC
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