Clarke Building Company: SMS & Text Message Terms of Service
Effective Date: March 2026
SMS and Text Message Program
Program: Service Alerts
Message Types: Messages may include estimates, scheduling, job updates, reminders, and occasional promotions.
Frequency: Varies depending on your project status and communication needs.
Fees: Message and data rates may apply. Standard carrier rates apply to all SMS messages. Not all plans include unlimited messaging.
Opt-In: You consent to receive text messages by providing your mobile phone number and affirmatively opting in (for example by checking a box on a web form, confirming a request, or texting a keyword).
Opt-Out: You can cancel the SMS service at any time. Just reply "STOP" to any message from us at (978) 693-5706. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, we will not send you any further SMS messages unless you resubscribe by texting us back or opting in through a web form.
Help: Reply "HELP" to any message or contact us at dave@clarkebuildingcompany.com or (978) 693-5706.
Consent Not Required: Your consent to receive text messages is not a condition of purchasing products or services from Clarke Building Company.
Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages. We are not responsible for service interruptions, message delays, or carrier-related issues beyond our control.
Electronic Signature Acknowledgement
By opting in electronically to receive text messages, you agree that your consent and opt-in constitute your electronic signature, confirming that you have accepted these terms and authorized the SMS program. You may withdraw this consent at any time by texting "STOP."
Carrier Liability and SMS Delivery Disclaimers
You agree not to use our website, services, or communications for any unlawful purpose or in any way that violates these terms. Prohibited activities include harassment, fraud, abuse, and any attempt to disrupt our services.
Third-Party Tools and Services
Our website and communications may use third-party tools, platforms, and services (such as form processors, email providers, and analytics services). These third parties have their own privacy and terms of service policies. Your use of these services is subject to their respective terms.
Intellectual Property
All content on our website, including text, images, logos, and design, is the property of Clarke Building Company or is used with permission. You may not reproduce, distribute, or use any content without our written permission. The Clarke Building Company name and design are trademarks of Clarke Building Company.
No Professional Advice
Information provided on our website and through communications is for informational purposes only and should not be considered professional advice. Actual construction projects involve engineering, design, and local code compliance that requires professional assessment. Always consult with licensed contractors, engineers, and architects for specific project guidance.
Warranty Disclaimer
Our website and services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee that our website will be error-free, uninterrupted, or secure. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, Clarke Building Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold harmless Clarke Building Company, its owners, employees, and agents from any claims, damages, or expenses arising from your use of our website, services, or communications, or your violation of these terms.
Changes to These Terms
We may update these Terms of Service from time to time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued use of our website and services after changes are posted constitutes your acceptance of the updated terms.
Termination
We reserve the right to terminate or suspend your access to our website or services at any time, for any reason, without notice. You may terminate your participation in our SMS program at any time by texting "STOP."
Governing Law and Jurisdiction
These Terms of Service and all related agreements are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.
Privacy
Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
Contact Us
If you have questions about these Terms of Service, our services, or our website, please contact us:
Clarke Building Company
David A Clarke Jr. (LLC)
51 Pleasant St.
West Newbury, MA 01985
Phone: (978) 693-5706
Email: dave@clarkebuildingcompany.com