Communications Program Terms (SMS)
Last Updated: December 7th, 2020
Please read these terms and conditions carefully. By checking the box to sign up for one or more communication programs, you expressly consent to receive non-marketing and marketing text messages and phone calls from Canary Connect, Inc. (“Canary” or “us”) and others texting and/or calling on its behalf, including text messages and calls made with an autodialer and pre-recorded messages, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing communications is not required to purchase any goods or services.
By checking the box to sign up for one or more communication programs, you also expressly consent to our Website Terms of Service and any other applicable terms and agreements related to your use of our services.
Canary and its service providers may use an automatic telephone dialing system (an “auto dialer”) to deliver text messages to you and to call you. These communications are intended to provide you with information about new and existing Canary services, including services that you may already subscribe to, and services that may be of interest to you, and information about related events, promotions, product launches, and contests.
The number of text messages and calls that you receive will vary, but you will receive a maximum of four of such communication per week.
Message, data, airtime and roaming rates may apply to each text message sent or received and each call received in connection with this program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans. Canary does not impose a separate fee for sending text messages or calling you.
Supported carriers may change from time to time, and currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, and US Cellular, among others.
How to Opt-In
To opt-in to receive text messages and calls from our communications program, please follow the instructions on the applicable web page that linked you to these terms or contact firstname.lastname@example.org.
How to Opt-Out
To stop receiving text messages from any particular Canary program, reply STOP to any program text message you receive from Canary. You will then receive confirmation of your opt-out of that text messaging program. To opt-out of receiving calls, press 2 if you receive a pre-recorded or simply inform the agent if you receive a call from a live agent. Opting out will only opt you out of the specific communications program associated with your opt-in. You will remain opted in to other Canary communications programs.
Your Mobile Telephone Number
You represent that you are the account holder for the number(s) that you provide, and that such number is a mobile telephone number. You are responsible for notifying us immediately if you change your mobile telephone number. You may notify us of a number change by emailing email@example.com. You agree to indemnify Canary in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to your phone may fail due to a variety of circumstances. You acknowledge that network services, including but not limited to mobile network services, are outside of our control, and that Canary is not responsible or liable for issues arising from them.
To request more information, text HELP to the number from which you received a text message or email firstname.lastname@example.org.
To receive Canary text communications, you must be a resident of the United States and 18 years of age or older. Canary reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Canary may revise, modify, or amend these Communications Program Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to our website. You agree to review these Communications Program Terms periodically to ensure that you are aware of any changes. Your continued consent to receive our communications will indicate your acceptance of those changes.
Termination of Communications
Canary may suspend or terminate your receipt of our text messages and calls if Canary believes you are in breach of these Communications Program Terms. Your receipt of text messages and calls is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of its communications program, with or without notice.
Disputes with Canary
The provisions of our System Terms & Conditions (currently available at http://canary.is/legal/system-terms) provided under the heading Disputes with Canary are hereby fully incorporated by reference into these Communications Program Terms. This includes, without limitation, each of the terms and conditions under the subheadings Pre-Arbitration Claim Resolution, Exclusions from Arbitration/Right to Opt Out, Arbitration Procedures, Arbitration Award, Location of Arbitration, Payment of Arbitration Fees and Costs, Class Action Waiver, Jury Waiver, Severability, Continuation, and Governing Law & Venue. Please review the entire “Disputes with Canary” section of our System Terms & Conditions carefully as it affects your rights.