Mobile SMS Terms of Use Agreement

Please read these terms and conditions carefully. By texting Gutter Greatness and confirming YES to sign up for one or more text messaging notifications, you expressly consent to receive non-marketing and marketing text messages from “Gutter Greatness” and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use, and our Privacy Policy, and any other applicable terms and agreements related to your use of Gutter Greatness’s services at GutterGreatness.com.

Program Description

Gutter Greatness and its service providers may use an automatic telephone dialing system (“auto-dialer”) to deliver Gutter Greatness text messages to you. Gutter Greatness text messages are intended to provide you with customer communication information you have requested such as account status, billing, usage, service notifications, and promotional marketing notifications. Other Gutter Greatness text messages may include upcoming offers (e.g., promotions, product launches, sweepstakes, and contests). Receiving text messages is NOT a condition of purchase or other transaction with Gutter Greatness.

Message Frequency

The number of Gutter Greatness text messages that you receive will vary depending on what kinds of texts you elected to receive. Bill reminders will be sent monthly and other informational texts will be sent as the need arises. If you’ve elected to receive marketing related texts, you can expect to receive approximately 4 texts per month.

Cost

Message and data rates may apply to each text message sent or received in connection with Gutter Greatness text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Gutter Greatness does not impose a separate fee for sending Gutter Greatness text messages.

How to Opt-In

For ongoing customer communications, visit the notifications page on GutterGreatness.com to enroll.

How to Opt-Out

To stop receiving text messages from a specific Gutter Greatness message, reply STOP to the text received from Gutter Greatness. You will then receive confirmation of your opt-out of that text messaging. The confirmation message you receive will be similar to the following: "Gutter Greatness: You have been opted out and will not receive any more messages from Gutter Greatness." This will only opt you out of the specific text messaging campaign associated with that Gutter Greatness's phone number. You will remain opted in to other Gutter Greatness text messages. For customer communications, visit guttergreatness.com at any time to change your communication preferences.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Gutter Greatness immediately if you change your mobile telephone number. You may notify Gutter Greatness of a number change by submitting a request to HELP at the numbers provided in the text message. You agree to indemnify Gutter Greatness in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Gutter Greatness if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Gutter Greatness’s control, and Gutter Greatness is not responsible or liable for issues arising from them. T-Mobile and other wireless carriers are not liable for delayed or undelivered messages.

Support/Help

To request more information, text HELP to the five-digit short code for the text messaging alert about which you have questions (i.e., the five-digit number from which you are receiving the text messages).

Eligibility

To receive Gutter Greatness text messages, you must be a resident of the United States or Puerto Rico and 18 years of age or older. Gutter Greatness reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Gutter Greatness may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Gutter Greatness’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Gutter Greatness text messages will indicate your acceptance of those changes.

Termination of Text Messaging

Gutter Greatness may suspend or terminate your receipt of Gutter Greatness text messages if Gutter Greatness believes you are in breach of these SMS Terms and Conditions. Your receipt of Gutter Greatness text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Gutter Greatness reserves the right to modify or discontinue, temporarily or permanently, all or any part of Gutter Greatness text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with Gutter Greatness via postal mail, telephone, and our website. Gutter Greatness may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect.

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Gutter Greatness will provide you with paper copies upon request. You may make such a request via any of the channels listed above.

Release and Indemnity

By participating, you agree to release and hold harmless Gutter Greatness, Gutter Greatness and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers, and directors (together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost, or expense whatsoever, including without limitation, property damage, personal injury, and death, which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical, or other errors in associated promotional materials in connection with this Initiative. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees are not responsible for this Initiative, and none of them will have any liability or responsibility for any claim arising in connection with participation in this Initiative.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INITIATIVE AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send a message; any injury or damage to your or any other person's wireless (cellular) device relating to, or resulting from, participation in this Initiative.