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The following Terms and Conditions of use govern your participation in the text message service / SMS provided by HX Home Solutions.

These Terms and Conditions incorporate the terms and conditions of use for / and contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

How it Works:

All new and existing subscribers will receive text messages (SMS/MMS) to their mobile number These messages may include questions about your request or service, offers, coupons, or other information. After signing up / enrolling, you will be asked to reply to confirm your mobile phone number. Text messages are sent using automated technology to the mobile / wireless / cellular number that you use to subscribe. You do not have to sign up for this program in order to buy goods or services. Message and data rates may apply.

HX Home Solutions provides its text message service on an “as-is” basis and the service may not be available in all areas at all times, and it may not continue to work in the event of product, software, coverage or other changes made by your wireless (cellular) carrier.

Participant Requirements:

(1) have a mobile / wireless / cellular device of your own capable of 2-way messaging,

(2) use a participating wireless (cellular) carrier,

(3) be a wireless (cellular) service subscriber with text messaging service. Not all wireless (cellular) phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

By signing up to receive text messages from HX Home Solutions, you acknowledge and agree that you are: (1) 18 years of age or older, (2) authorized to enroll the mobile phone number in the HX Home Solutions text messages program, and (3) authorized to incur any mobile message or data charges incurred as a result of your participation. Clicking to submit enrollment, or otherwise signing up for HX Home Solutions text messages, affirms that you satisfy the criteria outlined above.

Participant Opt-Out or Help:

You may opt out of the program at any time. To opt out of future messages at any time, reply STOP to any text message.

Costs:

You will be charged the standard text messaging fee by your wireless (cellular) carrier for each message you send or receive, in accordance with your cellular subscription agreement. Message and data rates may apply, depending on your cellular subscription agreement. You are responsible for all applicable costs and taxes. Consult your wireless (cellular) service provider regarding their pricing plans.

Privacy Policy:

Please review the Privacy Policy. HX Home Solutions’s text message service is subject to the data collection and other matters outlined in the Privacy Policy.

Release of Claims; No Warranties:

By participating in HX Home Solutions’s text message service, you agree to release and hold harmless HX Home Solutions’s SMS vendor, HX Home Solutions, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (together, the “Released Parties”), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the service, and from any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this service. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this service, and none of them will have any liability or responsibility for any claim arising in connection with participation in this service.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this service. Without limiting the generality of the foregoing, all services are provided “as is” without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send a message; any injury or damage to your or any other person’s wireless (cellular) device relating to, or resulting from, participation in this service.