Keep Me Informed (KMI) Messaging Service Terms of Use

Keep Me Informed (KMI) Messaging Service TERMS OF USE

The following terms and conditions apply if you use the Keep Me Informed service (“KMI”) offered by Southern Company Gas and its affiliated companies. KMI provides updates on service calls via text messaging (“Messaging”). Your access to KMI and use of Messaging is subject to the following Terms of Use (“Terms of Use”) and all applicable laws and regulations. By requesting KMI or otherwise accessing and using KMI or Messaging, you agree to comply with and accept, without limitation or qualification, these Terms of Use. If you do not accept Messaging and the Terms of Use, you are prohibited from using KMI.

Throughout these Terms of Use, the words “you,” “your,” and “yours” refer to any person or entity using the Messaging, and the words, “we,” “us,” and “ours” refer to Southern Company and one or more of its subsidiary companies.

Terms and Conditions

Your use of KMI is pursuant to a limited, non-exclusive, revocable license and is subject to these Terms of Use, our privacy policy located at https://www.southerncompany.com/privacy-statement.html and our General Terms and Conditions of Use located at https://www.southerncompany.com/terms-and-conditions.html (collectively, the “Terms and Conditions”), which may be amended periodically by us without notice to you. You agree that you have read and will comply with the Terms and Conditions. If you do not agree, you may not set up or use KMI and should withdraw from KMI. Failure to withdraw after an updated term and condition will be considered as acceptance of the new terms and conditions, as authorized by your initial enrollment in the program. Notwithstanding your selected communications preferences or anything in these Terms of Use to the contrary, we may contact you via Messaging as permitted by applicable law.

Agreement; Effect of Activation

By using KMI, you acknowledge that you have read and understand these Terms of Use and the Terms and Conditions, and that you accept and agree to be bound by both. You also acknowledge and agree that you are 18 years of age or older.

Cost of Participation

While KMI is complimentary and requires no purchase or fee for participation, message and data rates may apply, and may be billed on your mobile phone bill or other internet or data provider bill. Check with your carrier and/or data provider for details. As text message delivery is subject to your carrier network availability, such access to KMI and delivery of Messaging is not guaranteed.

Messaging Errors and Failures; Messaging Frequency

We disclaim any and all liability for any delay or failure to deliver Messaging, including without limitation, service visit-related notifications. We do not warrant or guarantee that Messaging will be timely sent or received and we disclaim all liability for any unsent, delayed, lost or misdirected Messaging.

The frequency of Messaging will depend on the nature timing of your service visit and any updates to that information, as well as other circumstances affecting your service visit. You acknowledge that the information provided through KMI is only an estimate, that the actual timing of your service visit may vary, that your visit may be rescheduled or cancelled for any reason and with or without notice, and that we will not be liable for any inaccurate information we provide through KMI.

Commercial Messages

By electing to participate in KMI and receive Messaging, you are authorizing us to contact you via Messaging. Such election will be considered your affirmative consent to receive the KMI-related messages should these messages ever be classified as commercial in nature.

NO WARRANTIES

WE DO NOT GUARANTEE THAT THE USE OF KMI WILL MEET YOUR PERFORMANCE REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT HAVE ANY LIABILITY UNDER ANY THEORY OF RECOVERY FOR ANY LOSSES OR DAMAGES DUE TO AN INACCURATE MESSAGE OR THE DELAY OR FAILURE TO SEND OR DELIVER A MESSAGE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE USE OR RESULTS OF USE OF KMI IN TERMS OF SECURITY, DATA PRIVACY, DATA LOSS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE WILL NOT CORRECT ANY ERRORS RELATED TO YOUR USE OF KMI. YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF KMI, INCLUDING BUT NOT LIMITED TO HEALTH RISKS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE YOU CAUSE TO YOURSELF, OR OTHERS, BY YOUR USE OF OR RELIANCE ON KMI.

KMI IS PROVIDED TO YOU "AS IS," AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENTS FROM US OR OUR EMPLOYEES, AFFILIATES, AGENTS MAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF THIS DISCLAIMER IS INVALID UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE KMI.

LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS