My Three Sons Heating & Air, LLC’s SMS Terms & Conditions
Please read these SMS Terms & Conditions carefully. They require the use of arbitration on an individual basis to resolve disputes, rather than courts or jury trials. The arbitration terms can be found here.
My Three Sons Heating & Air, LLC, a South Carolina limited liability company (“MTS”) offers consumers the ability to opt-in to receive marketing and promotional mobile alerts and other service related notifications by SMS message (the “Service”). You may opt-in to participate in the Service by signing up via the MTS website or by selecting the applicable checkbox when prompted. By participating in the Service, you are agreeing to these SMS Terms and to the Privacy Policy, both of which are an integral part of the Website Terms of Use that apply generally to the access to and use of the MTS website (or any of its subdomains) (collectively, the “Terms”). By using the MTS website (or any of its subdomains), you are agreeing to the Website Terms of Use. MTS reserves the right to modify these Terms at any time. Your continued use of the Service will constitute your acceptance of the new terms.
Notifications are sent by SMS message from 843-353-3135.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. After you enroll, you will have an opportunity to confirm or decline your participation in the Service via a reply to the initial text message you receive from MTS. By replying YES to this text message, you are confirming your subscription to the Service, even if your mobile number is registered on any state or federal Do Not Call list.
Only United States mobile numbers are eligible to participate. Before the Service will start, you will need to agree to these Terms. MTS reserves the right to stop offering the Service at any time with or without notice. MTS also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
A. Authorize MTS to use an automatic telephone dialing system to send you recurring automated service and personalized text messages, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 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.
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Represent and warrant that you are at least 18 years of age, the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 843-353-3135. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
E. Represent and warrant that you are a resident of a particular state, if, at the time of opt in to the Service, the area code for the phone number used to opt in is an area code associated with that state.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 843-353-3135 (service related alerts), your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
A. Information regarding any HVAC services you requested;
B. Reminders or updates on the status of any HVAC service you requested; or
C. Requests to provide feedback on any HVAC service we provided.
D. Promotional and marketing messages on HVAC services we provide.
Charges and Carriers
MTS does not charge for the Service, however message and data rates may apply from your mobile carrier. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. When you opt in to the Service, you acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, tolls, out-of-area roaming etc.) as a result of using the Service. Messaging frequency will vary.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. MTS may add or remove any wireless carrier from the Service at any time without notice. MTS and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from MTS, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 843-353-3135 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from MTS. You can also contact us at 843-353-3135 or getrelief@mythreesonshvac.com. After opting out, you will receive one additional message confirming that your request has been processed.
Do Not Call Policy
MTS respects consumers’ right to privacy. We maintain a list of the telephone number(s) and name(s) (if provided) for consumers who do not wish to receive telephone contact. Upon request, consumers’ telephone number(s) (both customers and non-customers) will be added to our internal Do Not Call list within 30 business days of receipt of such request. This record will be retained for at least five years, unless a request is made by the consumer to have the number removed. This list will be updated every 30 days. It is our policy to respect the wishes of customers and prospective customers so we will not make telephone solicitation calls to:
A. Any person who has requested that we not make such calls to their residential or wireless telephone lines.
B. Any person who has put their residential or wireless phone number on a national or state Do Not Call Registry, except as otherwise permitted by law.
Any person can by placed on our Do Not Call List by:
A. Sending a written request to 5809 N Rhett Ave Hanahan, SC 29410.
B. Emailing us at getrelief@mythreesonshvac.com.
C. Calling us at 843-353-3135.
Your request must provide the 10-digit telephone number that is not to be called and the person’s name, if desired. If your telephone number changes, another request must be submitted to have the new number added to our Do Not Call list. We intend to comply with all federal and state Do Not Call laws. Any questions concerning our Do Not Call Policy may be directed to:
My Three Sons Heating & Air, LLC
Attn: General Counsel
11524 Wilmar Blvd
Charlotte, NC 28273
General.Counsel@mythreesonshvac.com
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than court.
YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND MTS ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND MTS ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified herein. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act (9 U.S.C. 1, et seq.) will govern the interpretation and enforcement of these Terms.
The place of arbitration will be Charleston, South Carolina. The arbitration will be conducted by a single arbitrator chosen by you and MTS or, if you and MTS do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You and MTS shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.
If any provision of these Terms is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
Questions
You can text HELP for help at any time to 843-353-3135. This will provide you with our customer support email address at getrelief@mythreesonshvac.com. You can also contact us at 843-353-3135.