SMS / TEXT MESSAGE PROGRAM TERMS OF SERVICE

SMS / TEXT MESSAGE PROGRAM

TERMS OF SERVICE

Please read these SMS Terms of Service (“Terms”) carefully. They require the use of arbitration on an individual basis to resolve disputes, rather than courts or jury trials. The arbitration terms can be found here.

Modern Plumbing and Backflow LLC (“MPB,” the “Company,” “we,” “us,” or “our”) offers consumers the ability to opt-in to receive marketing and promotional mobile alerts and service request and dispatch notifications by SMS message (the “SMS Service”).  You may opt-in to participate in the SMS Service by signing up via the MPB website, opting in when signing the Customer Agreement, texting a keyword to us, or by selecting the applicable checkbox when prompted.  By participating in the SMS Service, you are agreeing to these Terms and to the Privacy Policy, both of which are an integral part of the Website Terms of Use that apply generally to the access to and use of the MPB website (or any of its subdomains) (collectively, the “Terms”). By using the MPB website (or any of its subdomains), you are agreeing to the Website Terms of Use.  MPB reserves the right to modify these Terms at any time. Your continued use of the SMS Service will constitute your acceptance of the new terms.

1. Program Description

Through the SMS Service, the Company sends text messages related to the plumbing and backflow services we provide. Depending on your relationship with us and the consent you have given, these messages may include:

• Appointment confirmations, scheduling, dispatch, and other transactional or service messages;
• Service reminders and annual maintenance notices, including backflow assembly testing and water heater flushing reminders;
• Invoice, payment, warranty, and account-related messages;
• Informational updates about your service or our operations; and
• Marketing and promotional messages about our services, offers, and seasonal reminders.

2. How You Enroll and Consent

Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to these Terms. After you enroll, you will have an opportunity to opt out of your participation in the SMS Service via a reply to the initial text message you receive from MPB. By signing up for the SMS Service, you are confirming your subscription to the SMS Service, even if your mobile number is registered on any state or federal Do Not Call list. 

Only United States mobile numbers are eligible to participate. Before the SMS Service will start, you will need to agree to these Terms. MPB reserves the right to stop offering the SMS Service at any time with or without notice. MPB also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the SMS Service, you: 

1. Authorize MPB to use an automatic telephone dialing system to send you recurring automated service and personalized text messages, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system.
2. Acknowledge that you do not have to agree to receive messages as a condition of
3. Represent and warrant that you are at least 18 years of age, the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 

4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call  919-341-1911. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
5. Represent and warrant that you are a resident of a particular state, if, at the time of opt in to the SMS Service, the area code for the phone number used to opt in is an area code associated with that state. 

3. Message Frequency

Message frequency varies and depends on your interactions with us and the services you receive (for example, appointment activity and annual reminder cycles). The SMS Service sends recurring messages.

4. Message and Data Rates

MPB does not charge a fee to receive SMS Service messages. However, message and data rates may apply depending on your mobile carrier and plan. Please contact your wireless provider with questions about your plan. When you opt in to the SMS Service, you acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, tolls, out-of-area roaming etc.) as a result of using the SMS Service. 

5. Opt-Out — How to Stop Messages

You can cancel and stop receiving messages from the SMS Service at any time by replying STOP (or UNSUBSCRIBE, CANCEL, END, REVOKE, OPT OUT, or QUIT) to any text message you receive from us. 

After you send the message, we will send you a one-time reply confirming that you have been unsubscribed, and you will no longer receive text messages from the SMS Service. You may also opt out by emailing or calling our office using the contact information below. Opt-out requests are processed promptly and applied across our messaging campaigns.

Opting out of text messages does not opt you out of other communications you may have separately agreed to receive (such as email), and it does not affect our ability to contact you as needed to perform or bill for services you have requested.

6. Help / Customer Care

For help at any time, reply HELP to any message, or contact us directly at (919) 341-1911 (NC), (864) 979-4050 (SC), or the email address listed below. Replying HELP will return our contact information.

7. Supported Carriers and Delivery

The SMS Service may be available on major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your wireless provider and is outside the Company’s control. We do not guarantee that messages will be delivered to your device or delivered on any particular schedule.

8. Eligibility

The SMS Service is available to residents of the United States who are the account holder or authorized user of the mobile number enrolled and who are of legal age to consent in their state of residence. The SMS Service is not directed to children.

9. Privacy and Do Not Call Policy

Your privacy matters to us. Information you provide in connection with the SMS Service is handled in accordance with our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text-message opt-in data and consent will not be shared with any third parties. We share information only with the vendors that help us operate the SMS Service (such as our field-service software and messaging platform) and as required by law, as described in the Privacy Policy.

We maintain a list of the telephone number(s) and name(s) (if provided) for consumers who do not wish to receive telephone contact. Upon request, consumers’ telephone number(s) (both customers and non-customers) will be added to our internal Do Not Call list within 30 business days of receipt of such request. This record will be retained for at least five years, unless a request is made by the consumer to have the number removed. This list will be updated every 30 days. It is our policy to respect the wishes of customers and prospective customers so we will not make telephone solicitation calls to: 

1. Any person who has requested that we not make such calls to their residential or wireless telephone lines.
2. Any person who has put their residential or wireless phone number on a national or state Do Not Call Registry, except as otherwise permitted by law.

Any person can be placed on our Do Not Call List by:

1. Sending a written request toModern Plumbing and Backflow LLC, 313 Sherwee Dr, Raleigh, NC 27603 .
2. Emailing us at [email protected].
3. Calling us at (919) 341-1911.

Your request must provide the 10-digit telephone number that is not to be called and the person’s name, if desired. If your telephone number changes, another request must be submitted to have the new number added to our Do Not Call list. We intend to comply with all federal and state Do Not Call laws. Any questions concerning our Do Not Call Policy may be directed to: Modern Plumbing and Backflow LLC, 313 Sherwee Dr, Raleigh, NC 27603.

10. Changes to These SMS Terms and to the SMS Service

We may modify or cancel the SMS Service, or any of its features, and may update these SMS Terms, at any time. Changes are effective when we post the updated SMS Terms. Your continued participation after a change takes effect constitutes your acceptance of the updated SMS Terms.

11. Contact Us

Modern Plumbing and Backflow LLC

313 Sherwee Dr, Raleigh, NC 27603

Triangle Area, NC: (919) 341-1911   ·   Upstate / Greenville, SC: (864) 979-4050

Email:  [email protected]  ·   Web: www.modernbackflow.com

 

12. Governing Law and Dispute Resolution

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of the SMS Service will be resolved by binding arbitration, rather than court. 

YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND MPB ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MPB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND MPB ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified herein. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act (9 U.S.C. 1, et seq.) will govern the interpretation and enforcement of these Terms.

The place of arbitration will be Raleigh, North Carolina. The arbitration will be conducted by a single arbitrator chosen by you and MPB or, if you and MPB do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.  

Arbitration fees and costs shall be allocated in accordance with the fee schedule set forth in the applicable AAA Rules. If the AAA Rules require MPB to pay fees in excess of those applicable to the filing party, MPB shall pay such fees. If any AAA filing fee or filing cost required of you exceeds $225, MPB shall pay the excess upon written request. Each party shall be responsible for its own attorneys’ fees and expenses.

You may opt out of this arbitration provision by sending written notice to MPB at Modern Plumbing and Backflow LLC, 313 Sherwee Dr, Raleigh, NC 27603 within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, address, phone number, and a clear statement that you wish to opt out. If you opt out, all other provisions of these Terms will remain in effect.

Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county of your residence (or, if you reside outside the United States, in Wake County, North Carolina) if the claim falls within that court’s jurisdictional limits. If the claim is transferred, removed, or appealed to a court of general jurisdiction, either party may elect to enforce this arbitration agreement.

If any provision of these Terms is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced. These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles.