The Expert – Text Service Terms and Conditions
Last updated: May 4, 2023
The Expert Inc. (“The Expert”, “we”, “our,” or “us”) provides a mobile message service through which we (or others on our behalf) deliver certain service-related communications and marketing and promotion communications (the "Text Service"). Use of the Text Service is governed by these Text Service terms and conditions (these “Text Service T&Cs”). These Text Service T&Cs are incorporated into and a part of The Expert’s Terms of Service (https://www.theexpert.com/terms). These Text Service T&Cs will control over any conflicting terms in our Terms of Service, but solely with respect to the subject matter covered herein. Capitalized terms used herein but not defined will have the meanings given in our Terms of Service.
1. Changes these Text Service T&Cs
We may modify, suspend, or cancel the Text Service or any of its features, at any time, with or without notice. To the extent permitted by applicable law, The Expert will not be liable to you or to any third party for any modification, suspension, or cancelation of the Text Service (or any part thereof).
In addition, we may also modify these Text Service T&Cs at any time. Except as stated below with respect to material changes, all modifications to these Text Service T&Cs will be effective from the day they are posted online at https://www.theexpert.com/blog/text-service-terms-and-conditions. If we make any material changes to these Text Service T&Cs, we will post a prominent notice of the changes on our website located at www.theexpert.com (the “Site”) and/or by sending a Message to your mobile number if you are currently opted-in to the Text Service at the time of the modification. In addition, if we have an email address on file for you, we may notify you of these changes by sending a notification to such email address. Material changes to these Text Service T&Cs will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review these Text Service T&Cs for modifications. If you do not agree to any modifications to these Text Service T&Cs, do not use or access the Text Service and, if you are currently opted-in to the Text Service, opt-out as set forth below. Your continued use of the Text Service following the effective date of any such changes shall constitute your acceptance of such changes.
2. Overview of the Text Service; Costs
If you opt-in to the Text Service, The Expert, and our applicable service providers on our behalf, will send you notifications via OTT/SMS/MMS text messages (collectively, “Messages”) to provide you with service-related communications regarding your use of The Expert Service (e.g., order updates, account alerts, etc.), and/or promotional and or marketing communications (e.g., cart reminders, special offers, discounts, price drops, etc. Please note that once you opt-in, you are agreeing to, and will, receive Messages from and on behalf of The Expert through your wireless provider to the mobile number you provided to sign-up for the Text Service, even if your mobile number is registered on any state or federal Do Not Call list. Messages may be sent using an automatic telephone dialing system (“Auto-dialer”) or other similar technology; provided that, the foregoing shall not be interpreted to suggest or imply that any or all of our Messages are sent using an Auto-dialer or similar technology.
Any personally identifiable information provided by you in connection with the Text Service shall be used only for the purposes of providing you the Text Service and as described in our Privacy Notice.
Participation in the Text Service is optional and consent to receive Messages from us is not required to use our Site, The Expert Service, Consultations and/or to purchase any Products.
You agree that you will not use the Text Service for any illegal or unlawful purposes.
The number of Messages that you receive as part of the Text Service will vary depending on your activity and your communication with The Expert.
We do not charge for the Text Service, however, communications via text messaging may make use of the data network operated by your telephone, internet and/or wireless service provider to send both text messages and/or data, and you expressly acknowledge and agree that you, and not us, are solely responsible for any fees or charges incurred in connection with your receipt and/or sending of any Messages in connection with your use of the Text Service, including, without limitation, any telephone and/or mobile phone provider charges for SMS/MMS, text, or data usage or services, and/or any service charges for the use of any OTT messaging services. Check your mobile plan and contact your wireless provider for details.
3. How to Opt-In and Opt-Out of the Text Service
You must affirmatively consent to opt-in to the Text Service through an online registration from (e.g., by submitting your phone number for the express purpose of signing up for the Text Service, or clicking a box to expressly opt-in to the Text Service during account registration or when submitted a purchase order). BY OPTING IN TO THE TEXT SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO RECEIVE MESSAGES (INCLUDING, BUT NOT LIMITED TO MARKETING AND PROMOTIONAL MESSAGES) FROM US AND OTHERS TEXTING ON OUR BEHALF, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER OR SIMILAR TECHNOLOGY, AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO US AT THE TIME OF OPT-IN (OR ANY SUBSEQUENT NUMBER YOU PROVIDE TO US TO RECEIVE MESSAGES AS PART OF THE TEXT SERVICE). IF YOU DO NOT CONSENT TO RECEIVE TEXT MESSAGES UNDER THE TEXT SERVICE, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, DO NOT OPT-IN TO THE TEXT SERVICE.
You may opt-out of the Text Service at any time by texting the single keyword command STOP to the number from which you are receiving the applicable Messages or, where available, clicking the unsubscribe link in the applicable Message. You'll receive a one-time opt-out confirmation Message, after which, no further Messages will be sent to your mobile device, unless initiate respond to any previous Message or re-opt-in to the Text Service. If you have subscribed to other The Expert Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective Text Service T&Cs.
4. Changes to the Text Service
We may change any short code or telephone number we use to operate the Text Service at any time and will notify you of these changes. You acknowledge that any Messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such Messages.
In addition, we may modify, suspend, or cancel the Text Service or any of its features, at any time, with or without notice. To the extent permitted by applicable law, The Expert will not be liable to you or to any third party for any modification, suspension, or cancelation of the Text Service (or any part thereof).
5. Support
For support or assistance regarding the Text Service, text HELP to the applicable number you are receiving Messages from or email hello@theexpert.com.
6. Duty to Inform and Indemnify
You certify, warrant and represent that (a) the telephone and/or mobile numbers that you have provided to us are your numbers and not someone else's, and (b) you are permitted to receive Messages at each mobile and/or phone number provided. You are responsible for notifying The Expert immediately if you change your mobile telephone number by contacting us at hello@theexpert.com. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY THE EXPERT IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, RELATED TO OR ARISING FROM AND/OR CAUSED BY, IN WHOLE OR IN PART, YOUR BREACH OF ANY THE FOREGOING REPRESENTATIONS AND WARRANTIES AND/OR OBLIGATIONS TO NOTIFY THE EXPERT IF YOU CHANGE YOUR TELEPHONE NUMBER.
7. Access or Delivery to Mobile Network is Not Guaranteed
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions, including, without limitation, lapse or termination of your mobile telephone service and/or messaging service, failures in network services, prohibitions or restriction by carriers and/or service providers of certain mobile and/or messaging features, and/or incompatibility of certain mobile and/or messaging features with your carrier or mobile device and/or messaging service. You understand and acknowledge that the effective delivery and transmission of Messages is outside of The Expert’s control, and, to the extent permitted by applicable law, you agree that we will not be responsible or liable for any failed, delayed, or misdirected delivery, or receipt by you, of the Messages (including, without limitation, any issues arising from the circumstances above) and/or of any information sent through the Text Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Text Service.
8. Questions
If you have any questions about these Text Service T&Cs, please email us at hello@theexpert.com.