We recognize that you may be concerned about our use and disclosure of your personal information. Your privacy is very important to us, and the following will inform you of the information that we, Wind River Environmental, may collect from you, and how it is used. By using our website, www.wrenvironmental.com, you are accepting the practices described in this policy.
We may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our site. We may also collect information about the type of Internet browser you are using, operating system, what brought you to our Website, as well as which of our Web pages you have accessed.
Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication.
We use the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing customer support.
SMS/Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Fields on any website form, you expressly consent to receive non-marketing and marketing text messages from WIND RIVER ENVIRONMENTAL (“COMPANY”), including text messages made with an Autodialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from COMPANY or by otherwise contacting COMPANY as indicated below. You can receive help at any time by replying HELP to any text message from COMPANY or by otherwise contacting COMPANY as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from COMPANY. Messaging and data rates may apply.
By completing the SMS/Text Messaging Fields on any website form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of COMPANY services.
COMPANY offers its text messaging program whereby COMPANY, and any applicable service providers, will text message you to provide you with information concerning your account activity with COMPANY and other COMPANY products, services, and promotions (all the foregoing the “COMPANY Program”). COMPANY and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Autodialer”) to deliver text messages to you under the COMPANY Program. You agree that you will not use the COMPANY Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the COMPANY Program.
Under the COMPANY Program, the number of COMPANY text messages that you receive may vary depending upon your account activity and your communication with COMPANY.
COMPANY does not impose a separate fee for sending COMPANY text messages under the COMPANY Program. However, standard message and data rates may apply to each text message sent or received in connection with the COMPANY Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The COMPANY Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The COMPANY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the COMPANY Program are available on all equipment/mobile devices, or through all wireless carriers. COMPANY may, from time to time, in its discretion and without notice to you, limit the carriers that support the COMPANY Program. Certain other carriers may not support the COMPANY Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The COMPANY Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of COMPANY’s control, and COMPANY is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the COMPANY Program. If the COMPANY Program is not available within your intended location, you agree that your sole remedy is to cease using the COMPANY Program.
How to Opt-In
To opt-in to receive text messages from COMPANY under the COMPANY Program, complete the SMS/Text Messaging Fields on any website form and submit it to COMPANY. COMPANY will then send you a text message asking you to confirm your enrollment in the COMPANY Program.
How to Opt-Out
To stop receiving text messages from COMPANY, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the COMPANY text messaging program. You may also opt out by providing written notice to COMPANY at Wind River Environmental, C/O Legal Department, 46 Lizotte Dr, Suite 1000, Marlboro, MA 01752, by emailing COMPANY at firstname.lastname@example.org, or calling COMPANY at 800-499-1682.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with COMPANY regarding your use of the COMPANY Program, including, without limitation, notifying COMPANY in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify COMPANY in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify COMPANY if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive help by providing written notice to at Wind River Environmental, C/O Legal Department, 46 Lizotte Dr, Suite 1000, Marlboro, MA 01752, by emailing COMPANY at email@example.com, or calling COMPANY at 800-499-1682.
To receive COMPANY text messages or enroll in the COMPANY Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the COMPANY Program, and authorized to incur any mobile message or data charges incurred by participating. COMPANY reserves the right to require you to prove the foregoing to participate in the COMPANY Program.
Changes to These SMS/Text Messaging Terms & Conditions
COMPANY may revise, modify, or amend these Wind River Environmental SMS/Text Messaging Terms &
Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to COMPANY website. You agree to review these COMPANY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Wind River Environmental text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
WIND RIVER ENVIRONMENTAL may suspend or terminate your receipt of WIND RIVER ENVIRONMENTAL text messages if WIND RIVER ENVIRONMENTAL believes you are in breach of these WIND RIVER ENVIRONMENTAL SMS/Text Messaging Terms & Conditions. Your receipt of WIND RIVER ENVIRONMENTAL text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. COMPANY NAME reserves the right to modify or discontinue, temporarily or permanently, all or any part of WIND RIVER ENVIRONMENTAL text messages and the WIND RIVER ENVIRONMENTAL Program, for any reason, with or without notice to you.
Release; No Warranties; Limitation of Liability
By participating in the COMPANY Program, you agree to release and hold harmless COMPANY and
its representatives, agents, successors, assigns, employees, officers and directors, from any and all
liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the COMPANY, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE COMPANY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall COMPANY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the COMPANY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the COMPANY Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND COMPANY ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND COMPANY OR ANYONE ACTING ON YOUR OR COMPANY’S BEHALF, OR THE COMPANY
PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR [FILL IN YOUR PREFERRED LOCATION] PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND COMPANY INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION,
EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE
ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS
SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL
BE HELD IN [FILL IN YOUR PREFERRED LOCATION], UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING
ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS
IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED. The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and COMPANY alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and COMPANY arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and Company or anyone acting on your or COMPANY’s behalf, or the COMPANY Program, COMPANY, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of [select your preferred state], including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the COMPANY Program, or any text messages between you and COMPANY or anyone acting on your or COMPANY’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling 800-499-1682, by mail at Wind River Environmental, C/O Legal Department, 46 Lizotte Dr, Suite 1000, Marlboro, MA 01752, by emailing COMPANY at firstname.lastname@example.org