When you opt-in to the service, we will send you an SMS message to confirm your sign-up.
1. This service is used to send you notifications about the status of your account or service, for scheduling appointments, to providing customer support, communicate product or feature announcements, or to send you promotional offers about our products and services even if your mobile number is registered on any state or federal do-not-call list.
2. Overall message frequency varies and depends on account activity. However, text messages that are promotional in nature will be limited to 4 or less text messages per month. Promotional Text messages may include coupons, offers, upgrades, and new plans that we believe you may be interested in.
3. You can cancel this service at any time. Just text “STOP”. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just text us Join, follow the instructions in the unsubscribe message or sign up as you did the first time, and we will start sending messages to you again.
4. You may be provided in the unsubscribe confirmation with an option to unsubscribe for promotional offers only but continue to get text messages regarding account activities and notices. If you chose this option, please following the instructions in the unsubscribe text message to unsubscribe to just promotional text messages.
5. If at any time you forget what keywords are supported, just text us “HELP”. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
6. Neither Codeflex Labs Inc., dba Signalchat (“Signalchat”) or the mobile network operators liable for delayed or undelivered messages.
7. We have a right to modify any telephone or short code we use to operate the service at any time. However, if this happens, Signalchat will be clearly communicated in the text message and all the terms herein apply. In other words, you’re opting in to receive text messages from Signalchat, not from a specific sender ID or phone number. Your right to manage the type and frequency of messages will apply to all messages sent from Signalchat to you regardless of the sender ID or phone number the messages are sent from.
8. As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this text messaging program, you can send an email to: email@example.com.
9. Opt-in data and consent for text messaging will not be shared with any third parties except with technology partners for the purpose of enabling and operating our text messaging program (i.e., facilitating the sending and receiving of text messages).
Arbitration and Class Action Waiver Agreement
By using or purchasing Signalchat products or services, you agree that any controversy, claim, action, or dispute between you and Signalchat arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Signalchat’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
2. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Clackamas County, Oregon, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Oregon, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Oregon law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
3. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Signalchat products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 3 Centerpointe Dr #190, Lake Oswego, OR 97035. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Signalchat. You are responsible for ensuring Signalchat’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
4. Class Action Waiver:
You and Signalchat agree that you may bring or participate in Claims against Signalchat only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Signalchat agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.