Terms and Conditions of Use

Terms

By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.

SMS Terms and Conditions

Effective Date: 1-1-25

1. Introduction

By opting into the SMS program provided by Sayler's Suncoast Water, you agree to receive
recurring text messages to the phone number you provided. These messages may include
promotional offers, updates, and alerts related to our products and services. By participating, you
agree to these Terms and Conditions, which comply with the Telephone Consumer Protection
Act (TCPA) and the FCC’s 2024 guidelines.

2. Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires
explicit one-to-one consent. This means that by opting in, you consent to receive messages from
Sayler's Suncoast Water only. Consent cannot be shared with other companies or third-party
entities without your direct approval.

To join our SMS program, you may opt in through:

• Web Form: By checking a clearly labeled box during the opt-in process.
• Text-to-Join: By texting JOIN to (727) 756-0140.
• Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be
  captured and documented.

By opting in, you acknowledge that your consent to receive SMS messages is not a condition of
any purchase. You may receive promotional or informational messages as specified at the time of
opt-in.

3. Message Frequency

The number of messages you receive will vary based on your preferences and continued interaction with our services,
but you will receive no more than 3 initial messages per week.
Message and data rates may apply depending on your mobile carrier and plan.

4. Opt-Out Process

You can opt out of receiving SMS messages from Sayler's Suncoast Water at any time by replying
with the word “STOP” to any text message you receive from us. Once you opt out, you will not
receive any further messages unless you choose to opt back in. For assistance, you can reply
“HELP” for further instructions or contact our support team directly at nick@saylerwater.com, alan@saylerwater.com or (727) 756-0140.

5. Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from Sayler's Suncoast Water
in compliance with the TCPA and the FCC’s 2024 guidelines. All messages will be logically
and topically related to your interaction with our services and products.

Your consent is specific to Sayler's Suncoast Water, and it does not extend to third-party
businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC’s
one-to-one consent rule introduced in 2024.

6. Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy
https://saylerwater.com/privacy-policy/, which explains how we collect, use, and protect
your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS
messages outlined in this agreement.

7. Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan.
Sayler's Suncoast Water is not responsible for any fees charged by your carrier for receiving or sending
messages related to our service.

8. Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages.
This includes storing opt-in and opt-out dates and timestamps. These records are maintained in
compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

9. Changes to Terms and Conditions

Sayler's Suncoast Water reserves the right to modify or change these Terms and Conditions at any
time. Any significant updates will be communicated via SMS or through our website. By continuing
to use our SMS services after any changes, you agree to the revised Terms and Conditions.

10. Disclaimers and Liability Limitations

Sayler's Suncoast Water is not responsible for delayed or undelivered messages. Delivery of SMS
messages is subject to effective transmission from your mobile carrier and network provider. We
cannot guarantee that SMS services will always be available in all areas.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions or the SMS service,
please contact us at:

• Email: nick@saylerwater.com
• Phone: (727) 756-0140
• Address: 3851 62nd Ave N Suite F Pinellas Park Florida 33781

Links:

• Terms and Conditions: https://saylerwater.com/terms-and-conditions/
• Privacy Policy: https://saylerwater.com/privacy-policy/

Key 2024 Compliance Elements:

• One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for
  messages from a single seller, preventing bundled consents for multiple parties
• Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out
  mechanisms, and consent specifics as required by the TCPA
• Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing
  of opt-out requests, as required under current guidelines

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines,
ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.

Use License

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

• When using or accessing our Site, you may not:
1. modify or copy any material or Services;
2. use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
4. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
5. remove any copyright or other proprietary notations from the material; or
6. transfer the materials to another person or entity or “mirror” the material on any other server.
• Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
• Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
  
  
  1. unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
  2. material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
  3. material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.
• Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.

Revisions and Errata

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We do not, however, make any commitment to update the materials.

Links

We have not reviewed all of the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.

Site Terms of Use Modifications

We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to the Site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.

Entire Agreement

These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site