MJS INC. (dba Mike’s Heating & Air Conditioning) SMS Terms and Conditions

IMPORTANT! PLEASE READ THESE MJS INC. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY MJS INC. (MJS INC. OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE MJS INC. TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE MJS INC. SMS TERMS AND CONDITIONS.

By signing up for one or more text messaging programs, you expressly consent to receiving marketing or non-marketing text messages, as applicable, from MJS Inc. and others texting on its behalf, at the telephone number(s) that you provide. You may opt out of these communications at any time.

Consent to receive text messages is not a condition of any purchase.

Program Description

MJS Inc. text messages are intended to provide you with marketing and promotional information regarding MJS Inc. products and services (i.e. appointment reminders, appointment confirmations, satisfaction survey, when a technician is “on their way”, events and programs offered by MJS Inc.). We can also provide you with transaction-related information.

Message Frequency

The number of MJS Inc. text messages that you receive will vary depending on which MJS Inc. text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

Message Data Rates

Message and data rates may apply to each text message sent or received in connection with MJS Inc. text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. MJS Inc. does not impose a separate fee for sending MJS Inc. text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In

To opt-in to receive text messages from MJS Inc. text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages.

How to Opt-Out

To stop receiving text messages from a specific MJS Inc. text messaging program, text STOP for the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive (1) final message from MJS Inc. confirming your opt-out of that text messaging program. Following such a confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program you are replying STOP to. You will remain opted into other MJS Inc. text messaging programs.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying MJS Inc. immediately if you change your mobile telephone number. You may notify MJS Inc. of a number change by contacting Mike’s Heating & Air Conditioning at 1-800-659-1804.

You agree to indemnify MJS Inc. in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify MJS Inc. if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

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. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of MJS Inc.’s control, and MJS Inc. is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile, Verizon Wireless, U.S. Cellular, and Google Voice, among others.

Carriers are not liable for delayed or undelivered messages.

Support/Help

To request more information, email [email protected] to assist with questions or concerns that may arise regarding text messaging programs.

You may also receive help by contacting Mike’s Heating & Air Conditioning at 1-800-659-1804.

Eligibility

To receive MJS Inc. text messages, you must be a resident of the United States and 18 years of age or older. MJS Inc. reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

MJS Inc. may revise, modify, or amend these MJS Inc. SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Mike’s Heating & Air Conditioning’s website (www.mikesac.com). You agree to review these MJS Inc. SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive MJS Inc. text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of MJS Inc. text messages if we believe you are in breach of these MJS Inc. SMS Terms and Conditions. Your receipt of MJS Inc. text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. MJS Inc. reserves the right to modify or discontinue, temporarily or permanently, all or any part of MJS Inc. text messages, with or without notice.

Privacy

Your privacy is important to us. Please see Privacy Policy to review our privacy statement.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Oregon.