Terms And Conditions

Conditions of using our website

1. This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

2. A wide range of intellectual property rights are used in and relating to this website, including:

1. our the trademarks and logos;
2. the design, text, graphics, and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
3. all the software used in relation to this website.

3. We are the owner or the authorized licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.

About these conditions

4. If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.

5. We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.

SMS Terms and Conditions

Effective Date: 1-1-25

1. Introduction

By opting into the SMS program provided by ClearWave Water Solutions, you agree to receive
recurring text messages to the phone number you provided. These messages may include
promotional offers, updates, and alerts related to our products and services. By participating, you
agree to these Terms and Conditions, which comply with the Telephone Consumer Protection
Act (TCPA) and the FCC’s 2024 guidelines.

2. Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires
explicit one-to-one consent. This means that by opting in, you consent to receive messages from
ClearWave Water Solutions only. Consent cannot be shared with other companies or third-party
entities without your direct approval.

To join our SMS program, you may opt in through:

• Web Form: By checking a clearly labeled box during the opt-in process.
• Text-to-Join: By texting JOIN to (757) 982-8798.
• Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be
  captured and documented.

By opting in, you acknowledge that your consent to receive SMS messages is not a condition of
any purchase. You may receive promotional or informational messages as specified at the time of
opt-in.

3. Message Frequency

The number of messages you receive will vary based on your preferences and continued interaction with our services,
but you will receive no more than 3 initial messages per week.
Message and data rates may apply depending on your mobile carrier and plan.

4. Opt-Out Process

You can opt out of receiving SMS messages from ClearWave Water Solutions at any time by replying
with the word “STOP” to any text message you receive from us. Once you opt out, you will not
receive any further messages unless you choose to opt back in. For assistance, you can reply
“HELP” for further instructions or contact our support team directly at support@clearwavewater.com, joshua@clearwavewater.com or (757) 982-8798.

5. Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from ClearWave Water Solutions
in compliance with the TCPA and the FCC’s 2024 guidelines. All messages will be logically
and topically related to your interaction with our services and products.

Your consent is specific to ClearWave Water Solutions, and it does not extend to third-party
businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC’s
one-to-one consent rule introduced in 2024.

6. Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy
https://clearwavewater.com/privacy-policy/, which explains how we collect, use, and protect
your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS
messages outlined in this agreement.

7. Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan.
ClearWave Water Solutions is not responsible for any fees charged by your carrier for receiving or sending
messages related to our service.

8. Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages.
This includes storing opt-in and opt-out dates and timestamps. These records are maintained in
compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

9. Changes to Terms and Conditions

ClearWave Water Solutions reserves the right to modify or change these Terms and Conditions at any
time. Any significant updates will be communicated via SMS or through our website. By continuing
to use our SMS services after any changes, you agree to the revised Terms and Conditions.

10. Disclaimers and Liability Limitations

ClearWave Water Solutions is not responsible for delayed or undelivered messages. Delivery of SMS
messages is subject to effective transmission from your mobile carrier and network provider. We
cannot guarantee that SMS services will always be available in all areas.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions or the SMS service,
please contact us at:

• Email: support@clearwavewater.com
• Phone: (757) 982-8798
• Address: 701 E Franklin St Ste 105, Richmond, VA, 23219, USA

Links:

• Terms and Conditions: https://clearwavewater.com/terms-and-conditions/
• Privacy Policy: https://clearwavewater.com/privacy-policy/

Key 2024 Compliance Elements:

• One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for
  messages from a single seller, preventing bundled consents for multiple parties
• Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out
  mechanisms, and consent specifics as required by the TCPA
• Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing
  of opt-out requests, as required under current guidelines

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines,
ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.

Using this website

6. We collect and use information in line with our Privacy Policy. By using this website, you agree to the way in which we collect and use your information.

7. You cannot use this website:

1. for any unlawful purpose;
2. to send spam;
3. to harm, threaten, abuse, or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers, or suppliers;
4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
5. to tamper with, update or change any part of the website;
6. in a way that affects how it is run;
7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
8. using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

If you provide content for this website

8. If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”). You agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research, and promotional activities and our internal business purposes which may include providing the User Content to selected third-party partners, service providers, social media and networking sites.

9. You own your User Content at all times, and you continue to have the right to use it in any way you choose.

10. By providing any User Content to the Website you confirm that your User Content:

1. is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offense or bring us or our business partners into disrepute;
3. does not take away or affect any other person’s privacy rights, contract rights, or any other rights;
4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
6. will not contain any form of mass-mailing or spam.

11. If you do not want to grant us the permissions set out above, please do not provide any material to the Website

12. We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.

13. We do not edit, pre-vet, or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

Disclaimers

14. You use the website at your own risk.

15. You should not rely on the website for advice.

16. As far as the relevant laws allow, we do not guarantee that:

1. there will be no problems with how you use the website; or
2. the computer or server you use to log on to the website is free of viruses or other harmful programs.

Limits to our liability

17. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

18. Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organization involved in creating, producing, maintaining or distributing the website be liable for any loss of:

1. profits;
2. business or business opportunities;
3. savings you expect to make;
4. goodwill;
5. use of, or corruption to information; or
6. information.

19. If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

1. using or relying on the website;
2. not being able to use the website;
3. any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
4. theft, destruction of information, or someone getting access to our records, programs, or services without our permission;
5. goods, products, services, or information received through or advertised on any website which we link to from this website; or
6. any information, data, message, or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.

The whole agreement

20. These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

The law

21. If we are a company based in the United States: The laws of the state of VA (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state of VA, by using the website you agree that the laws of the state of VA will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/or state that you live in.