Divine Pool Service
Terms and Conditions for SMS Communications
Effective Date: May 1, 2025
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
1.3 Changes to this Agreement
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
2.2 Creating an Account
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://nunomtavares.com/privacy-policy/). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
2.3 Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
2.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
3. Policy for Using the Services
3.1 Prohibited Uses
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.
3.2 Prohibited Activities
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
a. No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
b. No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
c. No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
d. No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
e. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
f. No Interference with Others' Enjoyment. Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
g. No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
h. No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
i. No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
j. No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
k. No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
l. No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
m. No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
n. Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
3.3 Geographic Restrictions
The Company is based in the United States of America, in the State of California. The Services are for use by persons located in the United States & Canada only. By choosing to access the Services from any location other than the United States or Canada, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States or Canada.
4. Privacy
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (www.divinepoolsllc.com/privacy-policy).
All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service.
Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
5. Program Description
Divine Pool Service provides SMS communications for: Appointment reminders and confirmations. Updates on scheduled services. Promotional offers and information related to our pool construction services.
6. Opt-In Process
By providing your mobile phone number, you consent to receive SMS messages from Divine Pool Service. You may opt-in by texting "START" to 951-612.8112 or by signing up through our website.
7. Message Content
You can expect to receive messages regarding: Appointment reminders and confirmations. Service updates. Promotional offers.
8. Message Frequency
Message frequency may vary. You may receive up to 3 message per month.
9. Opt-Out Instructions
You can cancel the SMS service at any time by texting "STOP" to 951-612-8112. Upon receiving your "STOP" request, we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.
10. Help Information
For assistance, reply with the keyword "HELP" or contact us at:
Email: jamesnamubz@gmail.com Toll-Free Number: 951-612-8112
11. Carrier Liability
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for messages sent to you from us and to us from you.
12. Privacy Policy
For more information on how we collect, use, and protect your personal information, please refer to our privacy policy at https://www.divinepoolsllc.com/privacy-policy .
13. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued participation in the SMS program constitutes your acceptance of the revised Terms and Conditions.
14. SMS / Text Messages
14.1 SMS Program Description
Our SMS program provides text messages for appointment reminders, events, receipts and customer service when you opt in. Message frequency varies depending on your interaction with our services.
14.2 Opting Out
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode 951-612-8112. Upon sending "STOP." we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, or text "START" to resume receiving messages.
14.3 Help and Support
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance or email jamesnamubz@gmail.com
14.4 Carrier Liability
Carriers are not liable for delayed or undelivered messages.
14.5 Message and Data Rates
Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
14.6 Recurring Messages Disclosure
Opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages. Your are not required to agree to receive recurring messages as a condition of purchasing any goods or services.
14.7 Prohibited Content
Our SMS messages will never contain:
- Phishing attempts, smishing, or social engineering to manipulate you into sharing private information
- Legal content (all content complies with federal and state laws)
- SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow federal and state law regulations.
15. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at: Email: jamesnamubz@gmail.comToll-Free Number: 951-612-8112
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