SMS/TEXT MESSAGING

We maintain a mobile messaging program (the “SMS Program”). By voluntarily electing to opt in to the SMS Program, you agree to be bound by these terms and consent to receive marketing text messages from Josh Martinez, LLC. Participation in the SMS Program is entirely optional and is not a condition of any purchase. The SMS Program enables users to receive recurring SMS and/or MMS messages by an affirmative opt-in, including through online or application-based enrollment mechanisms.

Messages transmitted under the SMS Program may include promotional and other marketing communications, cart-abandonment reminders, and messages facilitating purchases using previously stored account information or information you provide. Message frequency will vary.

To participate, you must own or control a wireless device capable of two-way SMS/MMS messaging, be subscribed to a text-messaging plan with a participating wireless carrier, and maintain active wireless service. Participation may not be available through all carriers or on all devices, and you are responsible for confirming device and service compatibility.

Irrespective of the method by which you opt in, these terms govern your participation. By enrolling, you expressly consent to receive autodialed and/or prerecorded marketing messages at the mobile number you provide, and you acknowledge that such consent is not required as a condition to purchase any Products or Services from us. While you consent to the possible use of automated dialing technologies, nothing herein shall be construed as a representation that any or all messages are sent via an automatic telephone dialing system.

Message and data rates may apply in accordance with your carrier plan. You are solely responsible for all charges incurred in connection with SMS Program participation, including charges incurred by any person who accesses your device or number. We assume no liability for any such carrier, messaging, or wireless fees.

SMS/MMS OPT-OUT. If you wish to discontinue participation, you must reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any SMS Program message. You may receive a confirmation message acknowledging your opt-out. You agree that these replies constitute the exclusive reasonable methods of opting out, and that any alternative method—including texting other words or making an oral request to an employee—shall not be deemed effective.

You agree to indemnify, defend, and hold us harmless from and against any claim, liability, loss, or expense arising from your failure to promptly notify us of any change to the information you provided, including any claim under the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.), comparable state or federal laws, or regulations promulgated thereunder, resulting from our attempts to contact you at the number you supplied.

Without limiting the foregoing, SMS Program participants may receive messages regarding the marketing and sale of digital and physical products, services, and events. The SMS Program involves recurring messages, and additional messages may be sent based on your interactions with us. For assistance, text HELP to the number from which you receive SMS Program messages.

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For compliance purposes, you authorize us to presume you are a Florida resident if, at the time of opt-in, (i) your shipping address is in Florida, or (ii) the area code of the mobile number used to enroll is a Florida area code. If neither condition applies and you do not otherwise provide written notice that you are a Florida resident, you agree that you are not a Florida resident for such purposes and waive any contrary assertion. To the extent you are a Florida resident, you agree that messages sent by us in direct response to your messages or requests—including keyword responses, opt-in confirmations, help or stop replies, and shipping notifications—do not constitute “telephonic sales calls” or “commercial telephone solicitation phone calls” under Florida Statutes Chapter 501 (including §§ 501.059 and 501.616), to the extent applicable.

Opt-outs must be submitted strictly in accordance with the procedures stated above. The SMS Program is provided on an “AS IS” and “AS AVAILABLE” basis, may be unavailable in certain locations or at certain times, and may be affected by changes in carrier products, software, network coverage, or service. We shall not be liable for any delay, failure, or inability to receive any SMS Program message. Message delivery is dependent upon your wireless service provider’s effective transmission and is outside our control; accordingly, we disclaim liability for any delayed or undelivered messages.

MMS DISCLOSURE. If your device does not support MMS, the SMS Program may deliver SMS terminating messages in lieu of MMS.