Conexon Connect, LLC (“Conexon Connect") is offering a messaging program (“the Messaging Program”) which you agree to use and participate in by submitting information in the Messaging Program sign-up tool (“Sign-Up Tool”) and are subject to the following terms and conditions (“Messaging Terms”). By signing up for the Messaging Program and continuing to receive messaging without opting out as specifically provided herein (Section 4), you agree to be bound by these Messaging Terms and any subsequent updates to these terms and conditions. Further, you agree without limitation to resolve any disputes with Conexon Connect regarding the Messaging Program in accordance with Section 9 below (Dispute Resolution). The Messaging Terms are applicable only to the Messaging Program and are not intended to supersede or modify the Conexon Connect Service Terms and Conditions or Conexon Connect’s Service Privacy Policy that are applicable if you elect to purchase any Conexon Connect services. The Conexon Connect Service Terms and Conditions and Privacy Policy are available at www.conexonconnect.com.
1. Messaging Services
By submitting your information in the Conexon Connect Sign-Up Tool, you expressly agree to receive recurring automated promotional, business, and personalized messages from Conexon Connect including but not limited to updates about service availability at your address, scheduling service installation, and outage notifications (“Messages”). The methods by which you receive Messages include but are not limited to, US mail, emails, and text messages (e.g., SMS and MMS) if you provide consent (“Messaging Services”).
Text messages may be sent using an automated telephone dialing system to the phone number you provide when signing up or to any other telephone number that you designate. Messages in the form of text messages will only be sent during the hours of 10 a.m. and 8 p.m. local time. By subscribing to Conexon Connect’s Messaging Services, you confirm that you are over the age of 18 and the age of majority in your state of residence. You confirm that you are the current subscriber and/or customary user of mobile telephone number registered and you are authorized to incur any message or data charges that may be charged by your wireless carrier. You are strictly prohibited from registering a mobile telephone number that is not your own. If Conexon Connect discovers that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the Messaging Program at any time. Your participation in the Messaging Program is completely voluntary and is not a condition for purchase of any Conexon Connect service offering.
2. Enrollment
You may complete enrollment in the Messaging Program by submitting your information via the Sign-Up Tool found at https://www.connectsignup.com. When submitting information via the Sign-Up Tool, you must select whether you consent to Conexon Connect using text messages to contact you. Conexon Connect automatically enrolls every customer to receive Messages in the form of email upon completion of the Sign-Up Tool. If you have any questions regarding the Messaging Program enrollment process or need to update your contact information at any time after enrollment, please contact Conexon Connect at (844) 542-6663 or via email at: [email protected].
3. Cost
The Messaging Program is provided to you by Conexon Connect at no cost, but message and data rates from your service provider may apply to Messages sent by Conexon Connect to you via text message. Please check your wireless service plan and contact your wireless carrier for details. You are responsible for obtaining and maintaining all wireless devices and other equipment and software, internet service, wireless service, and other services needed to access and use the Messaging Services, and you are solely responsible for all charges related to them, including charges from your wireless carrier.
4. Opt-Out
It is your sole obligation to notify Conexon Connect at any time after enrollment if you seek to terminate your participation in the Messaging Program and do not want to continue receiving Messages (“Opt-Out Notice”). Opt-Out Notice may only be provided to Conexon Connect via one or more of the methods described below and by no other means. If you fail to properly provide Opt-out Notice in accordance with the procedures specified in this Section of the Messaging Terms, you agree to waive any and all rights to bring claims for unauthorized or undesired messages. Please note the Opt-Out Notice is only applicable to Messages. If you purchase Conexon Connect service, you will continue receive transactional notices concerning your services (e.g., bill reminders, outage notices, account notices, etc.) even if you have provided Opt-Out Notice with respect to Messages.
Opt-out Notice Procedures
- E-Mails - To stop receiving Messages from Conexon Connect via email, please click the “Unsubscribe” button at the bottom of the email. You may also email [email protected], including the word “STOP” or “UNSUBSCRIBE” and include the email address you wish to unsubscribe. Please allow up to ten (10) business days to process your request.
- Text Messages - To stop receiving Messages from Conexon Connect via text message, reply “STOP” to any text message you receive from Conexon Connect. You may also email [email protected], including the word “STOP” or “UNSUBSCRIBE” and include the mobile number wish to unsubscribe. Please allow up to ten (10) business days to process your request. Upon opting-out of receiving text messages from Conexon Connect, you consent to receive a final text message confirming your opt-out request, regardless of the method you use to revoke consent to receive Messages (e.g., via text, email, or phone call). If you unsubscribe and then later re-subscribe using the same mobile number, you acknowledge and agree that Conexon Connect may send you text messages relating to any previous orders, even if those orders were pending before you re-subscribed.
- Do Not Contact List - To opt out of receiving all Messages from Conexon Connect and to request placement on Conexon Connect’s internal “do not contact” list, please call (844) 542-6663 or email Conexon Connect at [email protected] with the contact information you would like placed on the internal “do not contact” list (e.g., name, phone number, email address, mailing address).
5. Privacy
Conexon Connect utilizes the information you provide in the Sign-Up Tool to deliver, analyze, maintain, and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences with the Messaging Program. If you become a Conexon Connect subscriber additional information will be collected. Please review Conexon Connect’s Message Privacy Policy and Service Privacy Policy for additional information. The Conexon Connect Service Terms and Conditions and Privacy Policy are available at www.conexonconnect.com.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, CONEXON CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROGRAM, MESSAGING SERVICES, APPLICATIONS, OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE MESSAGING SERVICES OFFERED TO THE PUBLIC BY CONEXON CONNECT COULD CONTAIN INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, CONEXON CONNECT IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, OR ACTS OF GOD. CONEXON CONNECT DOES NOT PROMISE ERROR-FREE MESSAGING SERVICES.
7. Limitation of Liability
Conexon Connect is not responsible and will not be liable for any delays in the receipt of any Messages or other damages of any nature, including any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.
8. Applicable Law
Your participation in the Messaging Program and use of the Messaging Services provided hereunder is governed by the laws of the State of Missouri.
9. Dispute Resolution
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim against Conexon Connect or any of their affiliates or subsidiaries, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us. You may send the written description to us only by U.S. Certified Mail, Return Receipt Requested, to CONEXON CONNECT, PO BOX 681389 RIVERSIDE, MO 64168, United States ATTN: LEGAL DEPT. You agree to negotiate with Conexon Connect in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after Conexon Connect’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Arbitration Agreement and Class Action Waiver. YOU AGREE THAT ANY CLAIM AGAINST CONEXON CONNECT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES MUST BE RESOLVED THROUGH ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to the Messaging Program shall be settled by binding arbitration. You and Conexon Connect waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. However, both parties retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. You agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Conexon Connect agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives termination of your subscription or relationship with Conexon Connect. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
10. Changes to Terms. The Messaging Terms contained herein may be modified by Conexon Connect at any time and it may elect to cease offering the Messaging Program at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF CHANGES TO THE MESSAGING TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW MESSAGING TERMS.
The Messaging Terms and Conditions were last modified on December 8, 2023.