Terms & Conditions

Mobile Messaging Terms and Conditions

Updated: October 2, 2023

Olthof Homes, L.L.C. (“Olthof Homes”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms.

1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials and other marketing offers. Mobile messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed ten unsolicited messages per month. You agree that we, our affiliates and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard message and data rates may apply for SMS and MMS alerts. 

2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting into the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us via first class mail at Olthof Homes, 8051 Wicker Avenue, Suite A, St. John, Indiana 46373. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.

3. User Opt-Out: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, CANCEL, END and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive mobile messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Liability: You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program. 

5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

6. Release; No Warranties; Limitation of Liability: By participating in the Program, you agree to release and hold harmless Olthof Homes and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever  including without limitation,  property damage, personal injury and death that may occur in connection with Olthof Homes, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy. THE PROGRAM IS PROVIDED “AS IS, WHERE IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. OLTHOF HOMES DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. In no event shall Olthof Homes be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.  To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Program, or your use thereof, regardless of the theory of recovery, is $10.00.

7. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Olthof Homes, or between you and Olthof Homes’ third-party text messaging platform provider, or between you and any other third-party service provider acting on Olthof Homes’ behalf to transmit the mobile messages related to the Program, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Messaging Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Chicago, Illinois before one arbitrator.

8. Miscellaneous: You warrant and represent to Olthof Homes that you have all necessary rights, power, and authority to agree to these Mobile Messaging Terms and perform your obligations hereunder, and nothing contained in these Mobile Messaging Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Mobile Messaging Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Mobile Messaging Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Mobile Messaging Terms unless explicitly stated otherwise in writing.