SMS Terms & Conditions
Last Updated: May 01, 2023
For purposes of these SMS Terms, “Stable Temp HVAC”, “the Company,” “we,” or “us” shall mean Stable Temp HVAC, Inc. and any of its subsidiaries, divisions, or affiliates.
PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITHOUT JURY TRIAL AND A CLASS ACTION WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW.
How to Opt-Out
If you do not wish to continue participating in any marketing and, or promotional offers text the applicable Short Code or directly reply to 619-766-5520 with STOP to opt-out at any time. You may receive an additional mobile message confirming your decision to opt-out. You understand that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that Stable Temp HVAC and its service providers will have no liability for failing to honor such requests.
If you do not wish to continue receiving other notifications via SMS, such as appointment confirmations and reminders, job status updates, payment confirmations, and similar messages regarding current or future work with Stable Temp HVAC please contact our office via email at email@example.com. These notifications can only be turned off manually by Stable Temp HVAC office employees (not service technicians or installation crew) in our Customer Management System, not over text messages.
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.
Content is not available on all carriers and carrier participation could change. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
The list of participating carriers may be changed at the company’s sole discretion without prior notice. The content is not compatible with all cell phone models. We will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. T-Mobile, carriers, and Stable Temp HVAC are not liable for delayed or undelivered messages.
Participant Device & Service Requirements
You must have a wireless device of your own, be capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
The Federal Arbitration Act and applicable Federal law (or in the absence of applicable Federal law, then the laws of the state of California), without regard to principles of conflict of laws, will govern these terms & conditions and apply to any disputes or claims against Stable Temp HVAC arising out of or relating in any way to any Stable Temp HVAC text message service.
Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein and below, shall be brought exclusively in the State and U.S. District Courts located in San Diego, California, and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract 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 these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate after any such changes, you accept these Terms, as modified.
You may contact us at Stable Temp HVAC, Inc., 4901 Morena Blvd, Ste 319, San Diego, CA 92117, phone: +1 858 766 5520, email: firstname.lastname@example.org
Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Stable Temp HVAC agree to resolve any claims relating to these Terms, or your receipt of text messages from Stable Temp HVAC, or anyone sending text messages on Stable Temp HVAC’s behalf, including but not limited to, its service providers, through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Stable Temp HVAC’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Stable Temp HVAC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Stable Temp HVAC must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111. (3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Stable Temp HVAC will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Stable Temp HVAC will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Stable Temp HVAC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Stable Temp HVAC.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Stable Temp HVAC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND STABLE TEMP HVAC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.