A&B CONCRETE PUMPING
Welcome to A&B Concrete Pumping Inc. These Terms of Service ("Terms") govern your access to and use of our website, services, and communications, specifically including our SMS/MMS Mobile Messaging Program. Please read these Terms carefully before utilizing our services. By opting in or otherwise utilizing our services, you signify your absolute agreement to these binding terms.
1. SMS Program Description
A&B Concrete Pumping Inc. operates an enterprise-grade mobile messaging program designed specifically to support our heavy industrial operations. Our automated text messaging system is strictly deployed for mission-critical job coordination, pumping schedules, safety updates, and essential customer support communications.
Given the time-sensitive nature of concrete pouring and heavy equipment dispatch, SMS alerts ensure our operators and our clients remain perfectly synchronized. We do not use this channel for generalized marketing; it is an operational tool designed to minimize downtime, ensure job site readiness, and communicate critical dispatch ETAs.
2. Express Consent
Participation in our mobile messaging program is entirely voluntary. Users provide express, affirmative consent to receive SMS communications via the quote request form and scheduling portals on our website. By affirmatively checking the designated SMS consent checkbox during form submission, you explicitly authorize A&B Concrete Pumping Inc. and its authorized service providers to transmit recurring automated text messages to the specific mobile phone number you provided.
You acknowledge that your consent to receive these messages is not required to purchase any goods or services from A&B Concrete Pumping Inc. However, opting out may impact our ability to deliver real-time dispatch updates for your project.
3. Mandatory Carrier Clause
The transmission of SMS and MMS messages relies upon the telecommunications infrastructure of independent mobile carriers. While we strive for absolute reliability in our dispatch communications, delivery is subject to the effective transmission by your mobile network operator. Carriers are not liable for delayed or undelivered messages.
A&B Concrete Pumping Inc. bears no responsibility for network outages, delayed delivery, or message failure caused by geographic limitations, signal strength, or carrier-side delays.
4. Opt-Out & Help
We respect your control over your communication preferences. You maintain the right to opt-out of our SMS messaging program at any time without penalty.
To revoke your consent and terminate messages, simply reply STOP to any text message you receive from us. Upon sending a "STOP" request, our automated system will process your cancellation, and a single, final confirmation text will be sent to acknowledge your opt-out. No further messages will be transmitted to your device unless you affirmatively re-initiate consent.
If you experience issues with the messaging program or require immediate assistance regarding your project dispatch, simply reply HELP to any of our messages. You may also contact our operational support team directly via the contact information provided on our website.
5. Data Privacy
A&B Concrete Pumping Inc. adheres to the strictest standards of data protection and privacy regarding your mobile information. We are fully committed to complying with all A2P 10DLC requirements and the Telephone Consumer Protection Act (TCPA).
Your mobile phone number, opt-in consent status, and messaging history are safeguarded with enterprise-grade security. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services. We strictly prohibit the sale, renting, or sharing of your mobile data with external entities for marketing or promotional purposes. For comprehensive details regarding our data processing practices, please refer directly to our Privacy Policy.
6. Limitation of Liability
To the maximum extent permitted by applicable law, A&B Concrete Pumping Inc., including our officers, directors, operators, and affiliates, shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of our website, our equipment, or our SMS communications platform.
Our heavy industrial services are provided strictly "as is" and "as available." While we guarantee the deployment of highly maintained equipment and experienced operators, you agree that coordination timelines and dispatch ETAs transmitted via SMS are estimates. A&B Concrete Pumping Inc. assumes no liability for construction delays, concrete batch plant delays, or job site inefficiencies resulting from communication interruptions or factors beyond our direct operational control.
7. General Terms & Modifications
Message and data rates may apply depending on your individual cellular provider and mobile plan. The frequency of messages you receive will fluctuate based strictly on your job volume, project scheduling demands, and active dispatch requirements.
A&B Concrete Pumping Inc. reserves the right to modify, suspend, or terminate the SMS messaging program, or these Terms of Service, at any time and without prior notice. Any material changes to these terms will be updated on this page. Your continued use of our services following any such modifications constitutes your formal acceptance of the revised Terms.
8. Indemnification
You agree to fully indemnify, defend, and hold harmless A&B Concrete Pumping Inc., its subsidiaries, affiliates, operators, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms of Service. This includes, but is not limited to, any breach of your representations regarding consent to receive SMS communications, providing an unauthorized mobile phone number, or any violation of applicable laws or regulations governing the use of our services.
A&B Concrete Pumping Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate completely with A&B Concrete Pumping Inc. in asserting any available defenses.
9. Dispute Resolution & Arbitration
In the interest of resolving disputes in the most expedient and cost-effective manner, you and A&B Concrete Pumping Inc. agree that any and all disputes arising in connection with these Terms, including the SMS messaging program, shall be resolved by binding arbitration rather than in court.
Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
By agreeing to these Terms, you understand and acknowledge that you are waiving your right to a trial by jury or to participate in a class action lawsuit.
10. Severability & Governing Law
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein, which will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Santa Clara County, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.