Terms and Conditions
These Mobile Promotions Terms and Conditions (“Mobile Terms”) govern your use of the Storm Code Roofing Inc text messaging information and marketing program (the “Program”). Storm Code Roofing Inc may at times be referred to in these Mobile Terms as the “Company”, “we”, “us”, or “our”.
Please read these terms carefully. By opting into and participating in the Program, you agree to these Mobile Terms, the Company’s Privacy Policy and the Company’s overall Terms of Use, as amended from time to time (collectively, the “Company Terms”). Before deciding to opt-in into the Program, please read the Company Terms carefully.
Your access to, use of, and participation in, the Program represents your agreement to these Mobile Terms, including the mandatory Arbitration requirement provided below. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING ANY FUTURE CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE, OR USE THE PROGRAM.
The Program is an account information and marketing program that may send you updates on your account activity, as well as, but not limited to, deals and special offers. This information is delivered directly to your mobile phone via SMS and/or MMS. As a Program member, you may receive account updates, membership information, reminders, special deals, insider news, access to in-office or online events (where applicable), ways to enter sweepstakes and instant-win games, among other brand specific communications.
Mobile Messaging Terms
By opting-in and participating in the Program, you expressly agree to receive recurring telemarketing and promotional messages from us, including text messages (including SMS and MMS) sent using an automated telephone dialing system (ATDS) to the mobile number provided by you at opt-in.
You understand that your consent is not required as a condition of purchasing any goods or services from us.
The number of account update and information text messages you may receive via the Program will depend on your activity with us and also the specific Storm Code Roofing Inc location for which you signed up.
You understand that message and data rates may apply, and you agree (1) to pay these charges and (2) that your consent applies even if you must pay a charge for the Program text messages.
You represent and warrant that you are at least eighteen (18) years of age or older and that you have the consent of the wireless account holder to opt-in and participate in the Program.
If you signed up to the Program by texting a signup keyword, you may receive a confirmation text message. You may need to reply as instructed in this message to complete registration in the Program.
You agree to notify us of any changes to your mobile number and update your subscription with us to reflect this change.
Reply STOP to cancel, HELP for help. You understand and agree that texting STOP does not revoke your consent to be called or texted by one of our staff members in connection with any other product, account, or service.
To Stop Receiving Program Texts
You may opt-out of Program promotional or account update text messages at any time by texting the word STOP to the Storm Code Roofing Inc location’s mobile messaging phone number at which you signed up. The opt-out trigger word is NOT case sensitive.
If you opt-out, you understand and agree to receive a final text message that allows us to confirm your choice to opt-out.
Alternatively, you can also opt-out of Program text messages by sending an email with your mobile phone number which you used to opt-in to
[email protected].
By using this method, you understand and agree that this opt-out method is not instantaneous; it may take us up to ten (10) business days from when the email request is received to process your removal and that you might still receive Program text messages during this time.
Help Command
For help regarding Program text messages, simply send a text message with the keyword HELP to the specific mobile messaging phone number of the Storm Code Roofing Inc location at which you signed up. Any HELP texts are free from us, but you acknowledge that standard message and data rates from your carrier may apply and you agree to pay any such charges.
Device Requirements for Program
To take advantage of the Program, you must have a text messaging-enabled mobile device with a current text messaging plan with your carrier.
Carriers Supported
The Program text messaging works with all major U.S. & Canada carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Carrier Network Issues/Malfunction
You agree that we are not liable for any claimed or actual violations under the Telephone Consumer Protection Act (TCPA) caused by or stemming from a carrier network failure or malfunction.
Third Party Sharing and Privacy Policy
We may work with third-party service providers to show you specific advertisements and promotions on your devices that we think you may be interested in to ensure our Program marketing efforts are effective.
ARBITRATION—THIS SECTION LIMITS YOUR RIGHT TO A TRIAL BEFORE A JUDGE OR JURY –READ CAREFULLY
You agree that any dispute, claim, or controversy arising out of or relating in any way to your participation in the Program, these Mobile Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any claims arising under federal, state, or local statutory or common law.
The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, except as modified by these Terms. The arbitration will be held in Florida, where Storm Code Roofing Inc is headquartered unless you and we agree otherwise. Judgment on the arbitration award may be entered in any court having jurisdiction.
You acknowledge and agree that you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Storm Code Roofing Inc otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Limitations of Liability
To the fullest extent permitted by law, Storm Code Roofing Inc, its officers, directors, employees, and agents shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to your participation in the Program, even if Storm Code Roofing Inc has been advised of the possibility of such damages.
Under no circumstances shall Storm Code Roofing Inc be responsible for any damages, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Program or your mobile device.
In no event shall Storm Code Roofing Inc's total liability to you for all damages, losses, and causes of action exceed the amount you paid, if any, for participating in the Program.
Waiver and Severability
Our failure to enforce any right or provision of these Mobile Terms shall not be deemed a waiver of such right or provision. If any provision of these Mobile Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
Changes to Mobile Terms
Certain provisions of these Mobile Terms may change by expressly designated legal notices or other legal means (the “Changed Terms”). If these Mobile Terms conflict with such Changed Terms, such Changed Terms shall govern and apply; however the arbitration provisions of these Mobile Terms shall apply to the Changed Terms. We reserve the right to modify some or all of these Mobile Terms by posting the modified version to our website, as well as the right to make changes to any special offers or promotions connected with the Program. Your continued use of or participation in the Program following such changes constitutes your acceptance of those changes.
Questions / Comments / Concerns