Terms & Conditions

Welcome to Elite Home Performance. These Terms & Conditions ("Terms") govern your use of our website, services, and SMS messaging program. By accessing our website or providing your phone number to receive SMS communications from us, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our website, making a purchase, or opting in to receive SMS messages from us, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms, you must not use our website or services.

2. SMS Messaging Program (A2P 10DLC)

Our SMS messaging program is designed to provide you with important updates, notifications, and promotional content related to your interactions with our business.

2.1 Program Description

When you opt in to our SMS program, you may receive messages regarding:

• Order confirmations and shipping updates
• Delivery status notifications
• Customer service responses
• Account alerts and verification codes
• Promotional offers, discounts, and marketing messages (only if separately opted in)

2.2 Opt-In Process

You may opt in to receive SMS messages from us through the following methods:

• Providing your phone number during checkout
• Completing an SMS opt-in form on our website
• Texting a keyword to our short code or toll-free number
• Checking an opt-in checkbox during account registration

2.3 Message Frequency

Message frequency varies. You may receive:

• Transactional messages: As needed based on your orders or account activity
• Promotional messages: Up to 5 messages per month

2.4 Message & Data Rates

2.5 How to Opt Out (STOP)

You may cancel SMS communications at any time. To opt out of our SMS program:

• Reply STOP to any SMS message you receive from us
• You will receive a one-time confirmation message confirming your opt-out
• After confirmation, no further messages will be sent to your phone number

Note: Opting out of SMS messages does not affect transactional messages related to purchases you have already made, nor does it affect email communications you have subscribed to separately.

2.6 How to Get Help (HELP)

If you need assistance regarding our SMS program:

• Reply HELP to any SMS message you receive from us
• Or contact us directly using the contact information provided at the end of these Terms

2.7 Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. We are not responsible for any delays, failures, or issues caused by your mobile carrier or network provider.

2.8 Supported Carriers

Our SMS program supports major US mobile carriers including but not limited to: AT&T, T-Mobile, Verizon, Sprint, MetroPCS, U.S. Cellular, and other participating carriers. Carrier participation may vary.

2.9 Consent to Receive Messages

By providing your phone number and opting in, you expressly consent to receive automated SMS/text messages from us, including those sent using an automatic telephone dialing system (ATDS). Your consent is not required as a condition of purchasing any goods or services, but is required to receive SMS communications from us.

3. Eligibility

Our website and SMS program are intended for individuals who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from individuals under 18. If you believe we have inadvertently collected information from a minor, please contact us immediately.

4. User Obligations

When using our website or SMS services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account information
• Notify us immediately of any unauthorized use of your phone number or account
• Comply with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purpose

5. Purchases and Transactions

All purchases made through our website are subject to these Terms. We reserve the right to refuse or cancel any order at our sole discretion. Prices and availability of products are subject to change without notice. We are not liable for any errors in pricing or product descriptions.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share your personal information, including your phone number and SMS opt-in data. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

7. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Elite Home Performance or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.

8. Limitation of Liability

To the maximum extent permitted by law, Elite Home Performance shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, or goodwill, arising out of or relating to your use of our website, SMS services, or products. Our total liability shall not exceed the amount you paid for any product or service at issue.

9. Disclaimer of Warranties

Our website, SMS services, and products are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elite Home Performance, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of our website or SMS services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or information you provide to us

11. Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of our website or SMS services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

12. Termination

We may terminate or suspend your access to our website and SMS services immediately, without prior notice or liability, for any reason whatsoever, including without limitation your breach of these Terms. Upon termination, your right to use our services will cease immediately.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Sacramento County, California.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elite Home Performance regarding your use of our website and SMS services, superseding any prior agreements or communications.

16. MINORS

The Site is not intended for individuals under the age of 18.

17. Contact Information

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