Terms of Service for SMS Marketing
Effective Date:
03/25/25
Last Updated:
04/02/25
These
Terms of Service
("Agreement") govern your participation in the SMS marketing program of
Top Lobster Realty
("Company," "we," "our," or "us"). By opting in, you agree to these terms.
1. Program Description
By opting in, you receive:
Property listings, real estate offers, and open house notifications. Follow-ups related to your real estate inquiries. Other relevant business communications.
Message frequency may vary.
Standard message and data rates may apply.
2. Opting In & Consent
By providing your mobile number and opting in:
You confirm that you are 18 years or older or have legal permission from a parent/guardian. You grant consent to receive automated marketing text messages. Consent is not required for any purchase or transaction.
Opt-in methods include website forms, keyword texts, and in-person sign-ups.
3. Opting Out
You may unsubscribe at any time by:
Replying STOP to any message. Contacting us directly at 512-515-9318.
Once opted out, you will no longer receive marketing messages but may continue to receive necessary updates related to active real estate transactions.
4. Fees & Charges
Our SMS messages are free, but your mobile carrier's standard rates may apply. You are responsible for any carrier fees.
5. User Responsibilities
By using this service, you agree to:
Provide accurate and current information.Avoid fraudulent use of the SMS program.Keep your mobile device secure.
Any misuse of the service may result in termination of access.
6. Data Protection
Your personal information is secured against unauthorized access and is retained only for necessary business purposes.
7. Service Availability & Modifications
We do not guarantee uninterrupted service and may modify or discontinue this SMS program at any time.
Continued participation after updates signifies agreement to the revised terms.
8. Compliance with Laws
We adhere to:
Telephone Consumer Protection Act (TCPA)CAN-SPAM ActCTIA Messaging Guidelines
Messages are sent only between
8:00 AM – 9:00 PM EST.
9. Limitation of Liability
We are
not responsible
for:
Message delays, failures, or disruptions.Unauthorized access to your device.Fees incurred through carrier services.
To the fullest extent permitted by law,
Top Lobster Realty
disclaims liability for indirect, incidental, or consequential damages related to SMS marketing.
10. Governing Law & Dispute Resolution
These terms are governed by the laws of
New York
, United States.
Disputes will be resolved through:
Good faith negotiations first.Binding arbitration in New York if unresolved.
Participants waive rights to jury trials and class-action lawsuits regarding SMS marketing.
11. Contact Information
For inquiries regarding this agreement, contact us at:
Top Lobster Realty
159 Rocky Point Road
Middle Island, New York 11953
512-515-9318
By opting into SMS marketing, you confirm that you
have read, understood, and accepted
these Terms of Service.
