NRDC Text Alert Terms and Conditions

This Text Alert Terms and Conditions of Use ("Terms and Conditions") is a binding agreement between you ("User" or "you") and Natural Resources Defense Council (“NRDC”). These Terms and Conditions govern your opting in to receive, receipt and use of NRDC text alerts(collectively, the “Text Alerts”). The content of the Text Alerts is licensed, not sold, to you.

BY OPTING IN TO RECEIVE, RECEIVING OR USING THE TEXT ALERTS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; (B) REPRESENT THAT YOU ARE OVER THE AGE OF 13; AND (C) ACCEPT THESE TERMS AND CONDITIONS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPT IN TO RECEIVE, OR USE THE TEXT ALERTS, AND PROMPTLY DELETE ANY THAT YOU MAY RECEIVE.

1. License Grant. Subject to these Terms and Conditions, NRDC grants you a limited, non-exclusive, and nontransferable license to:

(a) receive on a mobile device and use the Text Alerts and their content for your personal, non-commercial use; and

(b) access the content of, or accessible through, the Text Alerts, strictly in accordance with these Terms and Conditions.

2. License Restrictions. You shall not:

(a) copy any software used or accessed in connection with opting in to receive the Text alerts (the “Text Alert Software”), except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Text Alert Software;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Text Alert Software or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices displayed by the Text Alert Software, including any copy of such material;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Text Alert Software, or any features or functionality of the Text Alert Software, to any third party for any reason; or

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Text Alert Software.

3. Reservation of Rights. You acknowledge and agree that the Text Alert Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Text Alert Software, or any other rights thereto other than to use the Text Alert software in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions. NRDC and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Text Alert Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.

4. NRDC Alerts.

(a) NRDC Alerts: The Text Alert Software affords you the opportunity to opt in to receive NRDC Alerts. We will send you urgent updates on the latest NRDC advocacy and donation campaigns. By providing your mobile number you are consenting to receive recurring texts from NRDC to your cell phone from 61636. You may also sign up for NRDC Alerts here. Message and data rates may apply.

(b) By opting in to receive NRDC Alerts and, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

(c) By opting in to Alerts, you are confirming you are over the age of 13.

(d) STOP Information. Text STOP to 61636 to stop receiving Alert messages from NRDC. You will receive a confirmation text.

(e) HELP Information. For additional information, text HELP to 61636 or contact NRDC at 212.727.2700.

(f) The following carriers support NRDC Alerts:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

5. Collection and Use of Your Information. You acknowledge that when you opt in to receive, receive or use the Text Alerts, NRDC may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the content of the Text Alerts. You also may be required to provide certain information about yourself as a condition to receiving the Text Alerts or receiving or using certain of its content’s features or functionality. NRDC takes your privacy very seriously. All information we collect through or in connection with the Text Alerts is subject to our Privacy Policy. Please visit https://www.nrdc.org/privacy-policy/ to review the privacy policy. By opting in to receive, receiving or using Text Alerts, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Content and Services. In some cases the content of Text Alerts may provide you with access to NRDC's website located at www.nrdc.org (the "Website") and products and services accessible thereon (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's Terms of Use and Privacy Policy accessible through the Website, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the content, features and functionality of certain Text Alerts. Any violation of such Terms of Use will also be deemed a violation of these Terms and Conditions.

7. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

8. Third-Party Materials. In some cases you may be offered the opportunity to opt in to receive Text Alerts on or through third-party websites and/or some Text Alerts may contain links or content through which you can access third-party websites that will make available to you third-party content (including data, information, applications, and other products, services, and/or materials) ("Third-Party Materials"). You acknowledge and agree that NRDC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. NRDC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and access or links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions, including, without limitation, such third parties’ privacy policies.

9. Term and Termination.

(a) The term of these Terms and Conditions commences when you opt in to any NRDC Text Alerts and will continue in effect until terminated by you or NRDC as set forth in this Section 9.

(b) You may terminate these Terms and Conditions by ending your subscription to Text Alerts as provided in Section 4.

(c) NRDC may terminate these Terms and Conditions at any time without notice if it ceases to support or send Text Alerts, which NRDC may do in its sole discretion or otherwise so elects. In addition, these Terms and Conditions will terminate immediately and automatically without any notice if you violate any of the Terms and Conditions.

(d) Upon termination:

(i) all rights granted to you under these Terms and Conditions will also terminate; and

(ii) you must cease all use of Text Alerts or their content.

(e) Termination will not limit any of NRDC's rights or remedies at law or in equity and NRDC’s rights provided for herein shall survive termination.

10. Disclaimer of Warranties. THE TEXT ALERTS ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NRDC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO TEXT ALERTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING, NRDC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT TEXT ALERTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NRDC OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE TEXT ALERTS OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NRDC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

12. Indemnification. You agree to indemnify, defend, and hold harmless NRDC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of Text Alerts or your breach of these Terms and Conditions.

13. Severability. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.

14. Governing Law. These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the App shall be instituted exclusively in a court of competent jurisdiction sitting in the City, County and State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY TEXT ALERTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Entire Agreement. These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and NRDC with respect to the Text Alerts and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.

17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

18. Changes. NRDC reserves the right to change these Terms and Conditions at any time. Changes will take effect when posted. You consent and agree to such changes by receiving and using Text Alerts after the changes have taken effect. You can determine whether any changes have occurred since you last reviewed these Terms and Conditions by consulting the Last Changed date in the heading of these Terms and Conditions.