SMS Terms and Conditions

These SMS Terms and Conditions (“SMS Terms”) govern text messages sent by or on behalf of ForgePoint Building and Remodeling (“ForgePoint,” “we,” “us” or “our”).

By providing your mobile telephone number and opting in to an applicable ForgePoint text-messaging program, you agree to these SMS Terms, ForgePoint’s Privacy Policy and ForgePoint’s Website Terms of Use.

Types of Text Messages

Depending on your relationship with ForgePoint and the consent you provide, ForgePoint may send the following categories of text messages:

• Marketing Messages
• Optional marketing messages may include:
• Promotional offers and discounts
• Community Appreciation Discount information
• Service announcements
• Project inspiration and educational content
• Follow-up regarding potential construction services
• Requests to schedule a consultation
• Other ForgePoint marketing communications

Marketing consent is optional and is not a condition of purchasing goods or services, requesting a consultation, obtaining an estimate or entering into an agreement with ForgePoint.

Inquiry and Consultation Messages

If you contact ForgePoint or request information, ForgePoint may send messages reasonably related to your inquiry, including:

• Confirmation that an inquiry was received
• Requests for project information or photographs
• Consultation scheduling and reminders
• Follow-up questions
• Information concerning proposed next steps
• Project and Customer-Service Messages
• Current customers may receive service-related communications concerning:
• Appointments and site access
• Project scheduling
• Material selections
• Documents requiring review or approval
• Change-order notifications
• Payment or invoice reminders
• Permit and inspection coordination
• Project delays or schedule changes
• Customer-portal notifications
• Warranty-service requests
• Other communications reasonably necessary to administer an existing customer relationship

Project-related text messages are intended as a communication convenience. Contract modifications, change orders, material approvals and other significant project decisions may require separate written documentation or electronic approval through ForgePoint’s designated system.

Consent to Receive Marketing Messages

When you affirmatively select an optional marketing-consent checkbox or otherwise provide legally valid consent, you authorize ForgePoint Building and Remodeling to send recurring marketing text messages to the mobile number you provided.

Messages may be sent using automated technology when permitted by law. Your consent applies only to ForgePoint unless the consent disclosure expressly identifies another party.

Consent to receive marketing messages is not a condition of:

• Purchasing goods or services
• Receiving an estimate
• Scheduling a consultation
• Entering into a construction agreement
• Receiving warranty consideration
• Applying for third-party financing

Do not select the marketing-consent option if you do not wish to receive promotional text messages.

Providing Your Mobile Number

By providing a mobile telephone number, you represent that:

• You are the subscriber or customary user of that number
• You are authorized to provide consent for communications to that number
• The information you provide is accurate
• You will notify ForgePoint if your number changes or is reassigned

You may not provide another person’s mobile number without that person’s authorization.

Message Frequency

Message frequency varies depending on your inquiry, project activity, service needs and marketing preferences.

Marketing messages may be recurring but will not necessarily be sent according to a fixed schedule. Project and service messages may occur more frequently during active phases of a project or service request.

ForgePoint does not guarantee that a specific number of messages will be sent.

Message and Data Rates

Message and data rates may apply according to your wireless carrier and mobile-service plan.

ForgePoint does not charge a separate fee for receiving its text messages, but your wireless carrier may impose charges. You are responsible for charges assessed by your carrier.

How to Opt Out

You may withdraw consent to receive text messages at any time by replying:

STOP

You may also use other words or reasonable methods that clearly communicate that you no longer wish to receive text messages, including:

• CANCEL
• END
• QUIT
• REVOKE
• OPT OUT
• UNSUBSCRIBE

ForgePoint will process a valid opt-out request within a reasonable period and within any time required by applicable law.

After opting out, you may receive one final automated message confirming that your request was received and that applicable text messages will stop. No additional marketing text messages will be sent unless you provide new consent.

An opt-out request may apply broadly to automated calls and text messages for which consent is required. If ForgePoint needs clarification regarding the scope of your request, ForgePoint may send one legally permitted clarification message. If you do not respond, ForgePoint will treat the request in the manner required by applicable law.

You may also request that ForgePoint stop marketing communications by contacting:

• Phone: 1-800-928-0972
• Email: [email protected]

ForgePoint will honor any reasonable request that clearly communicates your desire to stop applicable automated or marketing communications. You do not have to use a particular word or method if your intent is reasonably clear.

Effect of Opting Out

Opting out of marketing text messages does not cancel:

• A scheduled consultation
• A pending estimate
• An existing construction agreement
• A financing application with an independent provider
• A warranty request
• Any other contractual obligation

After an opt-out, ForgePoint may communicate with you through email, telephone, the customer portal, mail or another lawful method when reasonably necessary to respond to your request or administer an existing project.

ForgePoint will not use another communication method to evade a valid request to stop marketing communications.

How to Receive Help

For assistance, reply:

• HELP
• You may also contact ForgePoint at:
• ForgePoint Building and Remodeling
• 3600 Lime Street, Building 2
• Riverside, California 92501
• Phone: 1-800-928-0972
• Email: [email protected]
• CSLB License #1137039
• Renewing Consent

After opting out, you may request to receive text messages again by contacting ForgePoint or, when supported by ForgePoint’s messaging system, replying START.

ForgePoint may require a new affirmative opt-in before resuming marketing text messages.

No Guarantee of Delivery

Text-message delivery is subject to effective transmission by your wireless carrier and ForgePoint’s messaging provider. Delivery is not guaranteed.

Messages may be delayed, blocked or undelivered due to:

• Wireless-network availability
• Carrier restrictions
• Device settings
• Number reassignment
• Technical outages
• Filtering or security systems
• Other circumstances outside ForgePoint’s reasonable control

ForgePoint is not responsible for delayed or undelivered messages caused by a wireless carrier, messaging provider or other third party.

Supported Carriers

Supported carriers may change. Participation is subject to the capabilities and policies of your wireless carrier.

Wireless carriers are not responsible for delayed or undelivered messages and are not parties to ForgePoint’s construction, warranty or service agreements.

Privacy and Information Use

ForgePoint may collect and maintain information related to its text-messaging activities, including:

• Your mobile telephone number
• Consent date, time and source
• Messages sent and received
• Delivery information
• Opt-in and opt-out records
• Customer-service communications
• Information you provide through text messages

ForgePoint uses this information to communicate with you, administer inquiries and projects, document consent, honor opt-out requests, maintain business records and comply with applicable law.

ForgePoint may use service providers to transmit messages or maintain communication records. Those providers may process information on ForgePoint’s behalf to deliver the messaging service.

ForgePoint does not sell mobile telephone numbers or SMS consent information to third parties for their independent marketing.

For additional information, please review ForgePoint’s Privacy Policy.

Protecting Sensitive Information

Text messaging is not a secure method for transmitting highly sensitive information.

Do not send the following through text message:

• Social Security numbers
• Complete banking or payment-card information
• Account passwords
• Medical records
• Government identification documents
• Other highly sensitive personal information

ForgePoint may direct you to a more appropriate system for securely transmitting necessary documents.

Emergencies

ForgePoint’s text-messaging service is not monitored as an emergency-response system.

Do not use text messaging to report fire, gas leaks, electrical hazards, active flooding, structural instability, medical emergencies or other immediate dangers. Call 911, the appropriate utility provider or a qualified emergency professional.

Changes to These SMS Terms

ForgePoint may update these SMS Terms to reflect changes in its messaging program, business practices, service providers or legal requirements.

The revised version will be posted with a new effective date. Material changes will apply prospectively and will not be used to expand marketing consent beyond the consent actually provided.

Applicable Law

ForgePoint’s text-messaging practices are intended to comply with applicable federal and California requirements, including the Telephone Consumer Protection Act and applicable rules governing advertising text messages, consent and revocation.

Nothing in these SMS Terms waives a right or obligation that cannot legally be waived.

Contact ForgePoint

Questions or concerns regarding ForgePoint’s text-messaging practices may be directed to:

• ForgePoint Building and Remodeling
• 3600 Lime Street, Building 2
• Riverside, California 92501
• Phone: 1-800-928-0972
• Email: [email protected]
• CSLB License #1137039
• Licensed • Bonded • Insured