SMS Policy

Mobile Terms of Service Last updated: April 21, 2026 The Earth Day Network’s mobile message service (the “Service”) is operated by Earth Day Network (“Earth Day Network”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

IMPORTANT NOTICE REGADING DISPUTE RESOLUTION: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. THE ARBITRATION AND CLASS ACTION WAIVER WAIVES YOUR RIGHT TO SUE IN COURT OR SEEK A JURY TRIAL FOR DISPUTES RELATING TO YOUR USE OF EARTH DAY NETWORK’S MOBILE MESSAGE SERVICE, AND WHICH WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.

By consenting to Earth Day Network’s SMS/text messaging service, you agree to receive recurring marketing or non-marketing SMS/text messages, as applicable, from and on behalf of Earth Day Network through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. While you consent to receiving messages sent using automated technology, these terms shall not be interpreted to suggest or imply that Earth Day Network (or its service providers) sends any or all our text messages using an automatic telephone dialing system (or other automated technology) as defined under applicable laws. Earth Day Network text messages are intended to provide you with marketing, promotional, fundraising, advocacy, transactional and other information regarding Earth Day Network, its affiliates, and other organizations we work with.

By using the Service, you consent to receiving these messages. To receive Earth Day Network text messages, you must be a resident of the United States and 18 years of age or older (or the age of majority in your location). Earth Day Network reserves the right to require you to prove that you are at least 18 years of age. To opt-in to receive text messages from an Earth Day Network’s text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. You understand that you do not have to sign up for such program to make any purchases, and your consent is not a condition of any purchase with Earth Day Network. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time.

Text the single keyword command STOP in reply to any message or to +1(202)816-5784 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless you reactivate the Service. If you have subscribed to other mobile message programs from Earth Day Network or our affiliates and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP in reply to any message or to +1 (202)816-5784 or email [email protected]. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. You agree to provide us with a valid mobile number for which you are the account holder or an authorized user. If you get a new mobile number, you will need to sign up for the program with your new number. You should also send STOP from your prior number before relinquishing it.

Failure to notify Earth Day Network or to opt-out of the texting program prior to changing your phone number constitutes a material breach of these Terms. It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. The wireless carriers supported by the Service are not liable for delayed or undelivered messages.

The Services are 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. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Earth Day Network’s control, and Earth Day Network’s is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages). To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We may suspend or terminate your receipt of Earth Day Network’s text messages if we believe you are in breach of these Mobile Terms. Your receipt of Earth Day Network’s text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Earth Day Network’s reserves the right to modify or discontinue, temporarily or permanently, all or any part of Fortune text messages, with or without notice. To see how we collect and use your personal information, please see our [Privacy Policy]. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER Please read the following (this “Provision”) carefully as it affects Your rights. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between You and Earth Day Network regarding the Service.

This Provision provides that all Disputes between You and Earth Day Network (collectively, “Parties”) shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means You would retain Your right to litigate Your Disputes in a court, either before a judge or jury.

Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “Earth Day Network” means Earth Day Network and its parents, subsidiary and affiliate companies, and each of their respective officers, directors, members, managers, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and Earth Day Network regarding, arising out of or relating to any aspect of your relationship with Earth Day Network, including Earth Day Network’s mobile message service and the terms and conditions set forth in this agreement, and the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).

Without limiting the foregoing, should a Dispute arise between the Parties:

(a) the Parties agree to submit their dispute for resolution by arbitration before the Judicial Arbitration and Mediation Services (“JAMS”) in Washington, D.C. before a single arbitrator and in English, in accordance with the then-current JAMS Comprehensive Arbitration Rules & Procedures or the JAMS Streamlined Arbitration Rules & Procedures (if the amount in controversy is $250,000 or less); and (b) You agree to first commence a formal dispute proceeding by emailing Us an “Initial Dispute Notice” to [email protected]. The Initial Dispute Notice must contain the following information:

(i) Your full name; (ii) Your mailing address; (iii) Your preferred email address; (iv) a description of Your claim/dispute; and (v) a description of the specific relief you seek. Earth Day Network may choose to provide You with a final written settlement offer after receiving Your Initial Dispute Notice (“Final Settlement Offer”). If the Earth Day Network provides You with a Final Settlement Offer and You do not accept it, or Earth Day Network cannot otherwise satisfactorily resolve Your dispute and You wish to proceed, You may initiate arbitration by filing a Demand for Arbitration with JAMS (available via JAMS’ online “Submit a Case” portal at https://www.jamsadr.com/submit). For claims of Ten Thousand Dollars ($10,000.00) or less, You can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be f inal and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.

Notwithstanding the above, You or Earth Day Network may choose to pursue a Dispute in court and not by arbitration if YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to EARTHDAY.ORG 1752 N Street NW Suite 700 Washington, DC 20036. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with Earth Day Network through arbitration.

Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Earth Day Network. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court. Class Action Waiver. You and Earth Day Network Agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Earth Day Network agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and Earth Day Network further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between You and Earth Day Network in any forum.

YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules. Survival. This Dispute Resolution and Arbitration; Class Action Waiver Provision shall survive the expiration or termination of Your Subscription or this Agreement for any reason. Choice of Law. This Agreement shall be treated as though it were executed and performed in California and shall be governed by and construed in accordance with the laws of the District of Columbia (without regard to conflict of law principles).