Pink Flamingo Pool Company SMS & MMS Terms of Service

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Please read these SMS & MMS Terms of Service (“Terms”) carefully. By submitting your telephone number or otherwise agreeing to receive text messages ("Opting In," "Opt In," or "Opt-In") from Pink Flamingo Pool Company LLC (“Company,” “we,” or “us”), you agree to be bound by these Terms, the Company's website Terms of Use, Privacy Policy, and any other applicable terms and conditions related to your participation in our text messaging service (“Service”). If you do not agree with these Terms, you must immediately cease using the Service and opt out, as described below. We may update or amend these Terms at any time, and such amendments will be effective upon posting of the updated Terms.

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Consent for SMS Communication

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By opting in, you confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan, and you are authorized to Opt In.

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You agree that the Service may involve the use of automated systems to send text messages to the phone number associated with your Opt-In.

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Upon Opting In, you may receive one or more welcome messages or administrative messages, including (in some cases) a request to confirm your Opt-In.

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Note: You do not have to Opt In to receive informational or transactional messages from Pink Flamingo Pool Company.

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How to Opt Out

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You can stop receiving text messages from Pink Flamingo Pool Company at any time by texting "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to the applicable number or directly replying to any text message you receive.

 

You may receive an additional message confirming your decision to Opt-Out.

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Types of SMS Communications

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By consenting to receive text messages from Pink Flamingo Pool Company, you may receive text messages related to your pool service, including appointment reminders, service confirmations, or promotional offers. Examples of messages you might receive include:

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• "Thank you for choosing Pink Flamingo Pool Company! Your pool service is scheduled for [date]. Msg&data rates may apply. Reply STOP to opt out."

• "Reminder: Your pool cleaning appointment is tomorrow at [time]. Msg&data rates may apply. Reply HELP for assistance."

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Message Frequency

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The frequency of messages may vary. Pink Flamingo Pool Company reserves the right to alter the frequency of messages at any time and will notify you when we do so.

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Costs

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Message and data rates may apply. Please check with your mobile carrier for details on your pricing plan and any associated charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages.

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Supported Carriers

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Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Pink Flamingo Pool Company, its service providers, and the mobile carriers supported by the Service are not liable for delayed or undelivered messages. Supported carriers include major carriers such as AT&T, Verizon, T-Mobile, Sprint, and others.

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Privacy

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We value your privacy. Please review our Privacy Policy, available at [insert website URL], which explains how we use information submitted to Pink Flamingo Pool Company.

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Disclaimer of Warranties

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THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. PINK FLAMINGO POOL COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE COMPLETENESS, SECURITY, RELIABILITY, OR AVAILABILITY OF THE SERVICE.

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Limitation of Liability

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To the extent permitted by law, Pink Flamingo Pool Company shall not be liable to you for any damages resulting from your use, or inability to use, the Service. This includes, without limitation, any indirect, extraordinary, or consequential damages (such as loss of data, revenue, or profits).

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Governing Law

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These Terms are governed by the laws of the state of North Carolina, without regard to its conflict of laws principles. Any legal action to enforce these Terms will be brought exclusively in the courts located in Mecklenburg County, NC.

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Dispute Resolution and Arbitration

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All disputes between you and Pink Flamingo Pool Company regarding these Terms or the Service shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Arbitration is a private process that replaces the right to go to court. The arbitration will be conducted before a single arbitrator, and no class action or consolidated proceedings will be allowed.

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You may opt out of binding arbitration within 30 days of agreeing to these Terms by sending a written notice to Pink Flamingo Pool Company at 1522 Peak Court, Tega Cay, SC 29708, Attn: Legal Department.

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Changes to Terms

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We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. You are encouraged to review these Terms periodically.

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For questions or assistance, please reply “HELP” or contact us at 704-957-0038.