Last Updated: 10/13/2025
These SMS Terms of Service (“Terms”) govern your participation in the SMS/text message program (“Program”) provided by Skylights NW (“we,” “us,” or “our”). By opting in to receive messages from us, you agree to be bound by these Terms and the Privacy Policy. If you do not agree, please do not opt in or discontinue participation.
1. Program Description & Eligibility
1. Service. Through this Program, we may send you SMS/text messages concerning promotions, alerts, updates, reminders, or other messages consistent with what you consented to receive.
2. Eligibility. To enroll, you must be a resident of the United States (including Oregon) and provide a valid mobile phone number capable of receiving SMS messages. You must be at least 18 years old (or the age of majority in your jurisdiction) or have parental/guardian consent where required.
3. Carrier & Message Costs. Participation requires a text-capable mobile phone and valid mobile number. Carriers may impose message and data rates for sending and receiving SMS messages. You are responsible for any such charges.
2. Consent & Opt-In
1. Express Written Consent. By opting in, you expressly consent to receive automated and non-automated SMS messages from us at the number you provide. This includes marketing, promotional, and informational messages consistent with your consent. Under the Telephone Consumer Protection Act (TCPA), prior express written consent is required for such communications.
2. Clear & Conspicuous Disclosure. Before you opt in, we will provide you clear notice that consent is not a condition of purchase, what messages you will receive (or frequency), that message/data rates may apply, and how to opt out.
3. Program Name & Description. We will identify the Program name (e.g. “Skylights NW SMS Alerts”) and describe the types of messages you may receive (e.g. “You’ll get up to
5 messages/month about discounts, events, or order updates”).
4. Modifications. We may modify, suspend, or terminate the Program (or your enrollment) at any time, with or without notice, subject to applicable law.
3. Message Frequency & Timing
1. Frequency. The frequency of messages will vary based on your preferences and our marketing campaigns. Unless otherwise disclosed, you may receive up to 5 messages per week/month.
2. Timing. In compliance with Oregon’s new telemarketing / solicitation law (HB 3865), text messages that are solicitations (i.e. marketing) must be sent only between 8:00 a.m. and 8:00 p.m. local time, unless you have an established business relationship with us. Additionally, HB 3865 prohibits sending more than 3 solicitation messages within a 24-hour period, absent an established business relationship.
3. Non-Marketing/Transactional Messages. Messages such as order confirmations, shipping notifications, appointment reminders, or critical service alerts may be sent outside the above time window, as permitted by law.
4. Opt-Out / Stop / Revocation
1. How to Opt Out. You may opt out of the Program at any time by replying with “STOP,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or another reasonable word expressing refusal. We will honor your opt-out request within 10 business days.
2. Confirmation of Opt-Out. After receiving an opt-out request, we may send one final confirmation message (no additional marketing content) confirming you are unsubscribed, provided it is sent within 5 minutes of receiving the opt-out.
3. Effect of Opt-Out. Once your opt-out is processed, you will no longer receive marketing text messages. We may still send you transactional or informational messages unless you also specifically opt out of those categories and it is legally permissible.
5. Content, Use & Restrictions
1. Accurate Information. You agree to provide accurate contact information and to notify us of changes to your mobile number.
2. Prohibited Use. You will not use the Program for any unlawful, harassing, defamatory, or fraudulent purpose. You will not attempt to circumvent the system, send SPAM, or use the service in a way that interferes with others’ use.
3. Service Interruptions. We are not liable for delays, failures, or errors in transmission due to your carrier, network issues, or other technical failures.
6. Intellectual Property & Rights
1. Ownership. All content delivered via the SMS Program (text, images, links) and the Program itself remain our property or our licensors’ property and are protected under copyright, trademark, and other intellectual property laws.
2. License to Use. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to receive and use the messages and links we send for your personal, noncommercial enjoyment.
7. Disclaimers & Limitation of Liability
1. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SMS PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED). We do not warrant uninterrupted or error-free delivery.
2. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SMS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our aggregate liability under these Terms (if any) shall not exceed USD $100 (or a higher statutory limit, if applicable).
8. Indemnification
You agree to indemnify, defend, and hold harmless Skylights NW, its affiliates, service providers, agents, employees, and licensors against any claims, liabilities, losses,
damages, costs, or expenses (including attorneys’ fees) arising out of or relating to your violation of these Terms or your misuse of the SMS Program.
9. Privacy & Data Usage
Your use of the Program is subject to our Privacy Policy, which describes how we collect, use, store, and share your personal data (including your phone number). By participating in the Program, you consent to such uses as described in the Privacy Policy.
We will only share your phone number or related data with our trusted service providers (such as SMS gateway providers) for the purpose of sending messages and administering the Program.
Under the Oregon Consumer Privacy Act (OCPA), you have rights regarding your personal data (access, correction, deletion, opt-out of sale or targeting, etc.).
10. Modification of Terms
We may revise or modify these Terms at any time. Any material changes will be posted on our website or otherwise communicated to you before their effective date. Your continued participation in the Program subsequent to any changes constitutes your acceptance of such changes.
If you do not agree with the revised Terms, you must opt out prior to their effective date.
11. Termination
We reserve the right to suspend or terminate your participation in the Program, or discontinue the Program altogether, at our sole discretion and at any time, without notice or liability to you.
12. Governing Law & Dispute Resolution
1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law principles, except where federal law (e.g. TCPA) preempts state law.
2. Dispute Resolution. You agree that any dispute arising out of or relating to these Terms or the Program shall be resolved by binding arbitration under the rules of [Arbitration
Forum] (or specify AAA, JAMS, etc.), to the extent allowed by law. Each party bears its own costs and fees, unless otherwise required by law. You may reject arbitration by notifying us in writing within 30 days after first receiving notice of these Terms.
3. Class Action Waiver. To the fullest extent permitted by law, you agree to resolve disputes on an individual, not class, basis. You waive any right to file or participate in a class or representative action.
13. Miscellaneous
1. Severability. If any portion of these Terms is held invalid or unenforceable, the remainder will remain in full force and effect.
2. Entire Agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between you and us concerning the SMS Program and supersede all prior or contemporaneous understandings.
3. Assignment. We may assign or delegate our rights or duties under these Terms without your consent. You may not transfer or assign your rights or obligations.
4. Notices. We may provide notices to you via SMS, email, or posting on our website. You agree that notices provided electronically satisfy any requirement for written notice.
By opting in to receive SMS messages from us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.