SMS Terms and Conditions

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies). This includes, but is not limited to, the following DTN services: WeatherOps Commander (shortcode 80773), Aviation Sentry Online (ASO) (shortcode 45150), Weather Sentry Online (WSO) (shortcode 45150) and ClearPath Wx (shortcode 80773).

By Opting In to or using a Text Message Service, you accept these SMS Terms and Conditions, as well as our Terms of Service and applicable Privacy Policies, incorporated herein by reference.

By Opting In to or using a Text Message Service, you also consent to the use of an electronic record to document your consent to these SMS Terms and Conditions. You may withdraw your consent to the use of the electronic record by replying “STOP” through the Text Message Service.

We respect your privacy. We only use information you provide through this service to transmit your text messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of text messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. These SMS Terms and Conditions apply to your use of the Text Message Service and is not intended to modify our Privacy Policies, incorporated by reference above, which may govern the relationship between you and us in other contexts.

We do not charge you for the messages you send and receive via the Text Message Service, other than any subscription fees payable generally for your access to the Text Message Service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

The Text Messaging Service is for notifications, alerts, and conversational person-to-person communication between you and our employees, including in relation to weather events and/or your SaaS subscription service with us. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on external factors, how you use our services, and whether you take steps to generate more text messages from us (such as by sending a “HELP” request).

If you no longer want to receive text messages, you may reply “STOP” through the applicable Text Message Service. After unsubscribing, we may send you confirmation of your opt-out via text message.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Test Message Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt Out process set forth above prior to ending your use of the mobile telephone number. 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 without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to receive any Text Message Service, or any other DTN services.

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 THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR LOCAL, STATE FEDERAL, AND/OR NATIONAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

The Text Message Service will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

The Text Message Service 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. Neither DTN nor any wireless carrier will be liable for any delays or failures in the receipt of any text messages connected with the Text Message Service. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these SMS Terms and Conditions, and to perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. 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. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be published on DTN’s website. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in any Text Message Service after any such changes, you accept this Agreement, as modified.

For support regarding the Text Message Service, text “HELP” through the applicable Text Message Service or contact us using the contact information below. Please note that the use of the contact information below is not an acceptable method of opting out of the Text Message Service. Opt outs must be submitted in accordance with the procedures set forth above.

For support, contact us at [email protected] or +1 (866) 429-5578.