SMS Terms and Conditions

October 2024

Sunstate Equipment Co. (“Sunstate,” “we,” “us,” “our”) offers services to communicate with you through various websites (the “Sites”) and the use of text, SMS, MMS, or RCS messages (in any case, a "Text Message," or "Text Message Services"). These SMS Terms and Conditions (this “Agreement”) govern your use of the Text Message Services. BY SUBMITTING YOUR MOBILE DEVICE NUMBER, OPTING-IN, OR SENDING TEXT MESSAGES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, AND EXPRESSLY CONSENT TO RECEIVE TEXT MESSAGES (including marketing/advertising messages) to your mobile device from Sunstate and our affiliates via automated telephone dialing systems or other automated technology IN ACCORDANCE WITH THIS AGREEMENT.

By submitting your mobile device number, opting in, or sending text messages, you represent and warrant to us:

You are over the age of 18.
You have entered the phone number correctly.
You are the owner and the only user of the mobile device, and the number provided; and you are authorized to enter into these SMS Terms and Conditions.
You understand that your carrier's messaging and data rates may apply. All charges are billed by and payable to your mobile service provider. We do not charge you for the Text Message Services.
You understand Sunstate, nor our vendors, including but not limited to any and all telecommunications carriers, are not responsible for, nor liable for delayed or undelivered Text Messages.
You understand not all carriers support all Text Message types.
Carriers are not liable for delayed or undelivered messages.
Consent is not a condition of purchase.
You agree to receive Text Messages after 9 p.m. Eastern Time.
You understand and agree the frequency of Text Messages you receive may vary.
You agree to receive Text Messages asking you to opt-in to future Text Messages, including marketing messages.
Message frequency depends on the user.

Sunstate communications and text message services are available on most major US cell phone carriers, including but not limited to: AT&T, Verizon Wireless, T-Mobile, Spring, Metro PCS, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice. Please consult your wireless service agreement to determine the pricing for your use of Sunstate’s text message services. Alerts sent via SMS/MMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that Sunstate and your wireless carrier does not guarantee that alerts will be delivered. Sunstate Equipment is not liable for delayed or undelivered messages.

Information Collected.

Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services and information you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages. For more information on data collection and use, please read our Privacy Policy.

Opt-In Information.

When requesting to opt-in, you should receive a return SMS Text Message confirming your choice to opt-in and asking you to reply with YES. If you do not wish to complete your opt-in, simply ignore the text message and do not reply. In order to complete your opt-in, you must reply YES. In some cases, we may also accept synonyms such as, but not limited to, "Absolutely," "Of Course", "Sure," "Y," "Yah," "Yeah," "Yep," and "Yup." Successful opt-ins will receive a text confirming the opt-in is complete.

Providing Telephone Numbers and Other Contact Information.

You verify that any contact information provided to Sunstate, our agents, affiliates, and independent contractors, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us or by texting STOP to short code 83294 or by email at legal@sunstateequip.com

Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s) you expressly agree to receive prerecorded voice messages and/or auto dialed calls and text messages from us, our agents, affiliates, and independent contractors related to promotions, your account, registration, product alterations, changes and updates, service outages, reminders, follow-ups to any push notifications delivered through our mobile application, any transaction with Sunstate, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means. You agree to receive automated calls and text messages from Sunstate, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt out, please see the Opt-Out Instructions below.

Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt out at any time. To opt out of text messages, text STOP to any text message you receive or text STOP to short code 83294 or by email at legal@sunstateequip.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

Fees and Charges.

There is no fee to receive automated telephone calls or text messages from Sunstate, our agents, affiliates, and independent contractors. The opt-in data/mobile data will not be shared or sold with any affiliates or third parties for marketing or promotional purposes. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Sunstate, our agents, affiliates, and independent contractors are not responsible for such charges.

Unauthorized Use of Your Telephone Device.

You must notify Sunstate immediately of any breach of security or unauthorized use of your telephone device. Although Sunstate, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE TEXT MESSAGE SERVICES, SITES, OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE DAMAGES OR ATTORNEY'S FEES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE TEXT MESSAGE SERVICES.

Contact Us

If you have any questions, contact us directly by emailing us at legal@sunstateequip.com or by calling 1-844-534-9720.