SMS Terms of Use
GovCIO TEXT MESSAGING TERMS OF USE
By “Opting In” to or using a “Text Message Service” (as defined below) from GovCIO, you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS AS DETAILED BELOW.
This agreement is between you and GovCIO or one of its Affiliates. All references to “GovCIO,” “we,” “our,” or “us” refer to GovCIO, 4000 Legato Rd, Fairfax, VA 22033.
DEFINITIONS
“Affiliate” means a parent, subsidiary, brother or sister corporation or other corporation or entity which controls the Company or which the Company controls or which is under common control with the Company. For purposes hereof, “control” means, in the case of a corporation, direct or indirect ownership of more than fifty percent (50%) of the interest entitled to a vote for a majority of the Board of Directors or equivalent body or, in the case of a partnership, limited liability company or other entity, direct or indirect ownership of the right to receive more than fifty percent (50%) of the profits thereof.
“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
CONSENTING TO TEXT MESSAGING
By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our Terms and Conditions and Privacy Policy, incorporated herein by reference.
E-SIGN DISCLOSURE
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.
GovCIO TEXT MESSAGE SERVICE PRIVACY POLICY
We respect your privacy. We only use information you provide through this service to transmit mobile messages to you and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not 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. Nonetheless, we reserve the right always to disclose any information, as necessary, to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general [“Privacy Policy” OR RELEVANT NAME OF PRIVACY POLICY REFERENCED IN SECTION ABOVE], incorporated by reference above, which may govern the relationship between you and us in other contexts.
COSTS OF TEXT MESSAGES
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
FREQUENCY OF TEXT MESSAGES
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.
DISPUTE RESOLUTION AND ARBITRATION
By opting in to or using GovCIO’s Text Messaging Service, you agree that any dispute, claim, or controversy directly or indirectly arising out of or relating to the SMS Terms and Conditions, the Text Messaging Service, or any related communications shall be resolved solely and exclusively through final and binding arbitration on an individual basis, rather than in court. The binding arbitration proceedings shall (1) be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, (2) take place in Fairfax County, Virginia, and (3) be conducted in English. A single arbitrator will be appointed in accordance with AAA rules. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. You agree to waive any right to jury trial and/or to participate in a class action or class arbitration. Each party will bear its own costs, except as otherwise provided under AAA rules. If any portion of this arbitration clause is found unenforceable, the remaining provisions shall remain in effect.
CONTACT US
For support, [email protected].