Use of the Riskcast Solutions Inc ("Company") "Text Message Service" (both terms defined below) is strictly voluntary and is not a requirement for using other Company services. By "Opting In" to or using Company's "Text Message Service", you accept these Terms & Conditions and agree to resolve disputes through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the "Disputes" section below. Company text messages are intended to provide you with information about Company's services (e.g., Equipment Dispatching, Timecards, etc…).
By using the Text Message Service provided by us, you have agreed to be bound by these terms and conditions (this "Agreement"). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described below. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at https://www.riskcast.com/text-msg-opt-in-policy (the "Website"). We may also elect to send you a text message to your mobile number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Agreement, as amended.
Definitions
"Company" means Riskcast Solutions, Inc.
“User” refers to users of the Riskcast platform.
"Text Message Service" includes any arrangement or situation in which the Company send (or indicates that it may send, or receives a request that it send) one or more text messages.
"Opting In," "Opt In" and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
“Subscriber” Individual who “Opt In” to Company’s text messages
Opting In
By Opting In to a Text Message Service:
-You authorize the Company to use non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In (i.e., the number from which you send the Opt-In).
-You are signing your Opt-In to the Text Message Service.
-You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, Text Message Services may send multiple, recurring messages. Company text messages are sent when a User triggers a notification for a Subscriber.
The Company may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. Msg & data rates may apply.
You can opt out at any time by texting STOP to (855) 681-0834. You may receive a confirmation text or a follow-up message requesting clarification if you are subscribed to multiple services.
You consent to the handling of your information as described in the Company's Privacy Policy, which can be found at: https://www.riskcast.com/privacy-policy
Message Frequency
Message frequency varies and depends on how often a User within the Riskcast platform sends a text message notification to the Subscriber. This can range between 0 - 3 text messages per working day.
Disputes
By using this service, you agree to resolve any disputes or claims through binding arbitration rather than in court, except for claims that may be eligible for small claims court. This agreement waives your right to a jury trial or to participate in class actions, as allowed by law. Arbitration will be governed by the Federal Arbitration Act and applicable federal laws. Through arbitration, an arbitrator can provide the same damages and relief as a court on an individual basis and must enforce the same limitations outlined in these Terms.
Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TENNESSEE), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST RISKCAST SOLUTIONS ARISING OUT OF OR RELATING IN ANY WAY TO ANY RISKCAST SOLUTIONS TEXT MESSAGE SERVICE.
Mobile Carriers
The text-in number or short code may not be supported on all U.S. carriers. Please note that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. The Company and the mobile carriers are not liable for delayed or undelivered messages.
Disclaimer of Warranties
To the fullest extent allowed by law, we make no guarantees about the performance, accuracy, or availability of our SMS service. The service is provided “as is” and may experience delays or errors due to factors outside our control, such as network provider issues, atmospheric conditions, or other circumstances beyond our control. We are not liable for any delays in message delivery as they depend on the effectiveness of your mobile network provider.
Limitation of Liability
Company is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.
Opt-In and Opt-Out Message Examples
Opt-In Example
Opt-Out Example
Notification Example
Contact Us
If you have any questions about our Terms and Conditions, do not hesitate to contact us at support@riskcast.com.
