Dietzler Ventures LLC, doing business as Expo Home Improvement (“Expo Home,” “we,” “us,” or “our”) offers a mobile messaging service (the “Messaging Service”) that you may agree to use and participate in subject to these SMS Terms & Conditions and Privacy Policy. By opting in to or participating in our Messaging Service, you accept and agree to this SMS Terms & Conditions and Privacy Policy. This agreement is limited to the Messaging Service and is not intended to modify other policy that may govern the relationship between you and us in other contexts.  

User Opt-In: The Messaging Service allows users to receive SMS mobile messages by affirmatively opting into the Messaging Service through an online application. By participating in the Messaging Service, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. 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 (“ATDS” or “autodialer”).  

User Opt-Out: If you do not wish to continue participating in the Messaging Service or no longer agree to this policy, you agree to reply “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any mobile message from us in order to opt out of the Messaging Service. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable and valid methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable or valid means of opting out.  

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Messaging Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above before ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of this SMS Terms & Conditions and Privacy Policy. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Messaging Services.  

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.  

Message Service Description: Without limiting the scope of the Messaging Service, users that opt into the Messaging Service can expect to receive messages concerning the marketing and sale of our home improvement and remodeling products, services, and related software products and services.  

Cost and Frequency: Message and data rates may apply. The Messaging Service involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction(s) with us.  

Support Instructions: For support regarding the Messaging Service, text “HELP” to the number you received messages from or email us at _________@__________.com. Please note contacting us at this email address is not a reasonable or valid method of opting out of the Messaging Service. Opt-outs must be submitted in accordance with the procedures set forth above.  

Our Disclaimer of Warranty: The Messaging Service is offered on an “as-is” basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Messaging Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.  

Participant Requirements: You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.  

Age Restriction: You may not use the Messaging Services if you are under eighteen (18) years of age. By using the Messaging Services, you acknowledge and agree that you are at least eighteen (18). 

Prohibited Content: You acknowledge and agree to not send any prohibited content via the Messaging Services. Prohibited content includes: 

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;  

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;  

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;  

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; and  

• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.  

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Additional Terms and Conditions and perform your obligations hereunder, and nothing contained in this policy or the performance of such obligations will place you in breach of any other contract, agreement, or obligation. The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary so that these Additional Terms and Conditions otherwise will remain in full force, effect, and enforceable. Any new features, changes, updates, or improvements of the Messaging Service shall be subject to this policy unless explicitly stated otherwise in writing. We reserve the right to change this policy from time to time. Any updates to this policy shall be communicated to you. You acknowledge your responsibility to review this policy from time to time and to be aware of any such changes. By continuing to participate in the Messaging Service after any such changes, you accept this policy, as modified.  

Texting Privacy: We will only use the information you provide through the Messaging Service to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE MESSAGING SERVICE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, we may refuse you access to the Messaging Service and pursue any appropriate legal remedies.