Program Description: Transfor Digital Media Marketing, Inc. d/b/a CanvasPeople (“Company”) has offered to provide you (“You”), and You have agreed to accept and use, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). By using the Program, You agree to be bound by these Terms. If You do not wish to continue using the Program, you can reply “STOP” to any mobile message You receive from Company and Your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by You that predates Your election to discontinue using the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through texting a keyword to 484848 or any successor short code to opt into the Program. Regardless of the opt-in method You utilized to join the Program, You agree that these Terms apply to your usage of the Program. The mobile messaging service used by Company to communicate with You requires human intervention for Company’s mobile messages to be initiated, and thus Company’s mobile messages are not sent to You by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by using the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company.
Contact Information: For support text “HELP” to any Company mobile message.
User Opt Out and Additional Commands: To opt out (discontinue using in Program), reply “STOP” to 484848, or to any Company mobile message from Your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. For additional support, text “HELP” to 484848 to get help.
MMS: The Program will send SMS MTs if Your mobile device does not support MMS messaging.
Company Warranty: Company will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator, and is outside of Company’s control. Company is not liable for delayed or undelivered mobile messages.
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Company that You have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained herein, or arising out of the performance of the obligations referenced herein will place You in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Company reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use the Program after any such changes, you accept these Terms, as modified.