Caspian Rehab (hereinafter, “We,” “Us,” “Our”) is offering an email and mobile messaging marketing program (the “Program”), which you agree to use and participate in subject to these Omnichannel Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive marketing emails and SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive automated or prerecorded marketing messages (emails and/or texts) at the phone number and email address associated with your opt-in, and you understand that consent to receive such automated marketing messages is not required to make any purchase from Us. Message and data rates may apply.
User Opt Out:
- For Mobile Messages: If you do not wish to continue participating in the mobile portion of the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.
- For Email Messages: You can opt out of marketing emails at any time by clicking the “Unsubscribe” link located at the bottom of any commercial email sent by Us.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number or email address that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number or email to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of that contact method. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number or email address without notifying Us of such change, you will be responsible for all costs (including legal fees) and liabilities incurred by Us, or any party that assists in the delivery of the marketing messages, as a result of claims brought by individual(s) who are later assigned that contact information. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER CANADIAN ANTI-SPAM LEGISLATION (CASL), THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), OR SIMILAR PROVINCIAL, STATE, AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE CONTACT CHANNELS YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, clinical services, wellness options, educational updates, and events.
Cost and Frequency: Message and data rates may apply for text messaging. The Program involves recurring marketing communications. Mobile messages are generally limited to an average of 4 messages per month, and additional email or mobile messages may be sent periodically based on your direct interaction with Us.
Support Instructions: For support regarding the text portion of the Program, text “HELP” to the number you received messages from. For email or general assistance, contact us at our published support channels.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier or internet service provider. We will not be liable for any delays or failures in the receipt of any marketing messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Age Restriction: You must be of legal adult age in your jurisdiction of residence to engage with or participate in the marketing Program, or have explicit parental or legal guardian consent to do so in compliance with local regulations.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform or via reply. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any sensitive health content that implicates and/or conflicts with protected personal health privacy laws, including Ontario’s Personal Health Information Protection Act (PHIPA) or standard digital wellness compliance rules; and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Caspian Rehab, or any other third-party service provider acting on Our behalf to transmit the email or mobile messages within the scope of the Program, arising out of or relating to statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by binding arbitration in Ontario, Canada before one arbitrator. The arbitration shall proceed in accordance with the arbitration legislation of Ontario. The decision of the arbitrator shall be final and binding. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder. 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 this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you by posting the updated text on our website.