Text Messaging Terms and Conditions

CARNEGIE LEARNING TEXT MESSAGING TERMS AND CONDITIONS

Effective Date: September 20, 2024

Carnegie Learning, Inc. (“Carnegie Learning”) offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs, which may include marketing programs. These Text Messaging Terms and Conditions (“Text Terms”) govern these text message programs, unless a specific set of additional terms are provided.

By signing up to participate in our text messaging programs, you agree to these Text Terms, as well as the Carnegie Learning Terms of Use, which are incorporated and considered a part of these Text Terms, grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. In addition, as set forth in our Terms of Use, any, dispute, controversy, or claim between the parties arising out of or relating in any way to these Text Terms will be resolved by binding individual arbitration conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect (“JAMS Rules”). Carnegie Learning will use information collected from you in accordance with the Carnegie Learning Privacy Policy. To the extent of any inconsistency between these Text Terms and another Carnegie Learning policy, the Text Terms in this document will apply to our text messaging programs.

When you opt-in to participate in our text messaging programs, you typically agree to receive recurring text messages from Carnegie Learning at the mobile phone number you provided when signing up or any other number you designate, including information about our products and services and your organization’s purchases, follow ups (e.g. requesting feedback on our products and services), special offers, deals, alerts, updates, reminders and other transactional and/or marketing texts and information.

To opt-in to receive text messages from a Carnegie Learning text messaging program, please follow the instructions provided by Carnegie Learning, which may include texting a message to a telephone number, providing your phone number online at our website, filling out a form, providing your number while on call with us, or by otherwise providing your consent. You may need to confirm your consent such as by replying Y (or through another designated response) to an initial text message sent to you.

Message frequency may vary. Carnegie Learning reserves the right to alter the frequency of messages sent at any time, such as to increase or decrease the total number of sent messages. Messages may be sent in SMS, MMS, or RCS format or using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates apply.

Carnegie Learning reserves the right to change the phone number from which messages are sent, and you consent to receive messages from the number upon notice from us of the new number.

To enroll in the text messaging programs, you must be listed as an authorized user on the mobile account.

To stop receiving text messages from a specific Carnegie Learning text messaging program, text STOP to the telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you opt-out. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Carnegie Learning through any other programs you have joined until you separately unsubscribe from those programs.

Cancellation

Carnegie Learning may suspend or terminate your receipt of Carnegie Learning text messages if Carnegie Learning believes you are in breach of these Text Terms or the Carnegie Learning Terms of Use. Your receipt of Carnegie Learning text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Carnegie Learning reserves the right to modify or discontinue, temporarily or permanently, all or any part of Carnegie Learning text messages, with or without notice.

Availability and Duty to Notify

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Carnegie Learning, its service providers and the mobile carriers supported by the program are not liable for any undue delay, undelivered messages, or errors in messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Carnegie Learning’s control, and Carnegie Learning is not responsible or liable for issues arising from them. If your mobile carrier is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g. pre-paid users may not be able to participate). Check with your carrier to confirm.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Carnegie Learning’s text messaging program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt-out of receiving text messages from Carnegie Learning by texting STOP to the telephone number for the text message program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent) 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 Text Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Carnegie Learning of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Carnegie Learning, 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 participate in any of Carnegie Learning’s text messaging programs.

Changes to Text Terms

Carnegie Learning may revise, modify, or amend these Text Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to Carnegie Learning website. You agree to review these Text Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Carnegie Learning text messages will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).

Help / Customer Support

For additional help or to request more information, reply HELP to the telephone number from which you received our text message(s) to return customer care contact information. If you change your mobile phone number, we ask you to notify Carnegie Learning of that change by contacting us toll-free at 888-851-7094 or email legal@carnegielearning.com.

The text message program is a service of Carnegie Learning, located at 4 Smithfield Street, Floor 8, Pittsburgh, PA 15222.