SMS Terms and Conditions
Standard carrier message and data rates may apply. Please consult your mobile service carrier’s pricing plan.
SMS Program Description. Citizens Disability and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Citizens Disability text messages to you (the “Program”). Citizens Disability text messages may include the following: marketing and promotion about Citizens Disability programs and services, information and reminders regarding your Citizens Disability application, and related information regarding Citizens Disability and its affiliates. Disability Notifications provides information and messages from Citizens Disability. Text messages will also be sent in response to an inquiry or to periodically notify you of developments in your claim for disability benefits.
Message Frequency. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. You will receive up to 24 messages per month. If you have any questions about your text plan or data plan, you should contact your wireless provider.
Supported Carriers. Supported carriers may change from time to time, but currently include most major carriers. These carriers are not liable for delayed or undelivered messages.
How to Opt-In. To opt-in to receive text messages from a Citizens Disability text messaging program(s), please follow the instructions provided to you on the opt in form.
How to Opt-Out. You can cancel the Program at any time. To stop receiving text messages from a specific Citizens Disability text messaging program, text STOP to the five digit short code for the text messaging program from which you no longer wish to receive a message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will opt you back in to the Citizens Disability text messaging platform and start sending SMS messages to you again.
Help. To request more information, text HELP to the number provided by Citizens Disability. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at citizensdisability.com.
Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Citizens Disability immediately if you change your mobile telephone number. You may notify Citizens Disability of a number change by emailing us at firstname.lastname@example.org.
You agree to indemnify Citizens Disability in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Citizens Disability 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 a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Citizens Disability’s control, and Citizens Disability is not responsible or liable for issues arising from them.
Eligibility. To receive Citizens Disability text messages, you must be a resident of the United States and 18 years of age or older. Citizens Disability reserves the right to require you to prove that you are at least 18 years of age.
Changes to the SMS Terms and Conditions. Citizens Disability may revise, modify, or amend these SMS Terms and Conditions at any time without notice to you. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Citizens Disability text messages will indicate your acceptance of those changes.
Termination of Text Messaging. Citizens Disability may suspend or terminate your receipt of Citizens Disability text messages if Citizens Disability believes you are in breach of these SMS Terms and Conditions. Your receipt of Citizens Disability text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Citizens Disability reserves the right to modify or discontinue, temporarily or permanently, all or any part of Citizens Disability text message program, with or without notice.
Legal Terms and Conditions. You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, the Program shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in San New York, NY.
Dispute Resolution Provisions. These SMS Terms and Conditions shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here: Initial Dispute Notice. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
YOU AND CITIZENS DISABILITY HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THIS AGREEMENT.