These Email and Text Messaging Terms of Service ("Terms") govern any communications, including but not limited to electronic mail ("Email") and text or SMS/MMS messages ("Text Messages," collectively "Messages"), sent to you by or on behalf of RCDOP ("we," "us," "our," or the "Organization") as a result of your submission of information through any form, field, widget, or similar mechanism located on our website, landing pages, microsites, or any other digital property owned or operated by us (collectively, the "Forms"). By submitting a Form, providing your contact information, checking a consent box, or otherwise interacting with our website in any manner that provides us with your email address or mobile telephone number, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with these Terms, you should not submit any Form or otherwise provide your contact information to us.
These Terms are broad in scope and are intended to apply generally to all forms of electronic communication we may send to you now or in the future, regardless of the specific purpose, content, subject matter, platform, tool, or vendor used to generate, schedule, or deliver such communication.
By providing your email address, mobile phone number, or any other contact information through a Form, you expressly consent to receive Messages from us, our affiliates, agents, representatives, contractors, and third-party service providers acting on our behalf. This consent applies broadly and without limitation to any and all types of Messages we may choose to send, including, without limitation, informational messages, administrative messages, transactional messages, promotional or marketing messages, newsletters, event or program announcements, appeals, updates, reminders, surveys, requests for feedback, and any other content we determine, in our sole discretion, may be of interest or relevance to you.
Your consent is not conditioned on any purchase, donation, membership, registration, or other transaction, except where required otherwise by applicable law.
We may use one or more third-party customer relationship management, marketing automation, or communications platforms, including but not limited to HubSpot, Inc. and its affiliates, subsidiaries, and sub-processors (collectively with any other vendors we may use from time to time, the "Platform Providers"), to collect, store, process, manage, segment, schedule, and deliver Messages to you. By submitting a Form, you acknowledge and agree that your information, including your contact details and any other information submitted, may be transmitted to, stored by, and processed by such Platform Providers on our behalf, in accordance with their respective terms of service and privacy policies, in addition to our own.
We do not control and are not responsible for the internal policies, technical infrastructure, uptime, or third-party sub-processing arrangements of any Platform Provider. Our use of any particular Platform Provider, including HubSpot, may change from time to time without notice to you, and these Terms shall continue to apply regardless of which underlying platform, tool, or vendor is used to send Messages.
The types of Messages you may receive are broad and may change over time at our sole discretion. Message frequency varies and is not fixed or guaranteed. You may receive one, several, or numerous Messages within a given day, week, month, or other period, depending on our communications needs, campaigns, programs, events, or other activities. We reserve the right to increase, decrease, or otherwise modify the frequency, volume, timing, and content of Messages at any time without prior notice.
Message and data rates may apply to any Text Messages sent to your mobile device, depending on your mobile carrier and service plan. You are solely responsible for any charges imposed by your wireless carrier or internet service provider in connection with your receipt of Messages. We are not responsible for any delayed or undelivered Messages, regardless of cause, including but not limited to technical failures, carrier filtering, network congestion, or any other factor outside of our reasonable control.
Not all mobile devices or carriers may support all features of our Text Message program, and delivery is subject to effective transmission from your wireless provider. Participating carriers are not liable for delayed or undelivered Messages.
You may opt out of receiving Text Messages at any time by replying "STOP" to any Text Message you receive from us, or by using any other opt-out mechanism we may make available from time to time. You may opt out of receiving Email communications at any time by using the unsubscribe link contained in any Email, or by otherwise contacting us using the information provided below. For assistance, you may reply "HELP" to any Text Message or contact us directly.
We will process opt-out requests in a reasonable time and in accordance with applicable law; however, you acknowledge that certain administrative, transactional, or legally required communications may continue to be sent to you notwithstanding an opt-out request, where permitted.
We reserve broad discretion in how we implement, honor, and process opt-out requests across our various communication channels, platforms, and vendors, and we do not guarantee that an opt-out from one channel (e.g., Text Message) will automatically apply to another channel (e.g., Email), or vice versa, unless required by applicable law.
We make no representations or warranties, express or implied, regarding the delivery, timeliness, accuracy, or completeness of any Message. Messages are sent using automated and/or manual systems and processes that may be subject to interruption, delay, error, or failure for a wide variety of reasons, and we disclaim any liability arising from such circumstances to the fullest extent permitted by law.
We intend to conduct our Email and Text Messaging communications in a manner broadly consistent with applicable federal and state laws and industry guidelines, including, without limitation, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and wireless industry messaging principles published by CTIA. These Terms are not intended to, and do not, constitute an exhaustive or complete description of our compliance obligations or practices, and nothing in these Terms should be construed as legal advice regarding your rights or our obligations under any law.
Reference materials describing these frameworks include:
We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue any aspect of our Email or Text Messaging programs at any time, for any reason, without prior notice or liability to you. We also reserve the right to amend, update, or otherwise change these Terms at any time. Any changes will be effective upon posting of the revised Terms on our website, and your continued interaction with our Forms or continued receipt of Messages following any such changes will constitute your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Our collection, use, storage, and disclosure of the personal information you provide through a Form is governed broadly by our separate Privacy Policy, which is incorporated by reference into these Terms. By submitting a Form, you also acknowledge and agree to the terms of our Privacy Policy.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL MESSAGES AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PLATFORM PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR RECEIPT OF, OR INABILITY TO RECEIVE, ANY MESSAGE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless the Organization and its affiliates, officers, directors, employees, agents, and Platform Providers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your submission of a Form, your provision of inaccurate or outdated contact information, or your violation of these Terms.
We make no representation that the content of any Message will be suitable, accurate, complete, or appropriate for your particular needs or circumstances. Messages are provided for general informational and organizational purposes and should not be relied upon as professional, legal, medical, financial, spiritual, or other advice unless expressly and specifically stated otherwise in the applicable Message.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
These Terms, together with our Privacy Policy and any other applicable policies referenced herein, constitute the entire agreement between you and us regarding your receipt of Messages, and supersede any prior or contemporaneous understandings, whether written or oral, relating to such subject matter.
These Terms shall be governed by and construed in accordance with the laws of [Insert State/Jurisdiction], without regard to its conflict of laws principles, except to the extent superseded by applicable federal law.
If you have any questions about these Terms, wish to opt out, or need assistance, please contact us at: