TERMS OF USE
Quality Water and Air Inc., DBA Quality Home Products of Texas (“Company, we, or us”) is pleased you have visited our website (“Site”). Please understand, however, that the content on the Site is informational in nature only. By accessing and using the Site, you accept and agree to be bound by the terms and provisions of the Terms of Use. In addition, when using the Site, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. ANY PARTICIPATION IN THE SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THE SITE.
SMS Terms and Conditions
Effective Date: 1-1-25
1. Introduction
By opting into the SMS program provided by Quality Home Products of Texas, 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
Quality Home Products of Texas 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 (713) 766-4651.
- 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 Quality Home Products of Texas 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 David.krath@qualitytx.com,bedwards@qualitytx.com,tenio12@gmail.com or (713) 766-4651.
5. Terms of Consent
By opting into this SMS program, you agree to receive SMS messages from Quality Home Products of Texas
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 Quality Home Products of Texas, 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://qualitytx.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.
Quality Home Products of Texas 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
Quality Home Products of Texas 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
Quality Home Products of Texas 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:
Links:
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.
Any links contained on the Site are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the reader. All Content on the Site (“Content” is the text, graphics, design, and programming on the website) is the property of the Company, or the property of third parties as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes.
The Company does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of the Site. You may not send unsolicited commercial emails to the email addresses provided on the Site. The posting of email addresses is not to be construed as and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from us. In addition, spam, chain emails, advertising solicitations, and similar email solicitations are expressly prohibited. Your agreement to the following disclaimers and limitations is a material inducement to the Company permitting you to access the Site.
Your use of the Site, and the obligations and liabilities of the Company in respect of your use of the Site, is expressly limited as follows: THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under the Terms of Use shall lie exclusively with the state and federal courts within Montgomery County, Texas. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. The failure of the Company to enforce any part of the Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.