TERMS OF USE

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://directmetalstructures.com website (the “Service”) operated by Direct Metal Structures (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Terms and Conditions from Terms Feed for Direct Metal Structures.

Direct Metal Structures SMS Terms and Conditions

Effective Date: 01/01/2025

1. Introduction

By opting into the SMS program provided by Direct Metal Structures, you agree to receive recurring text messages to the phone number you provided. These messages may include promotional offers, updates, and alerts related to our products and services. By participating, you agree to these Terms and Conditions, which comply with the Telephone Consumer Protection Act (TCPA) and the FCC’s 2024 guidelines.

2. Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires explicit one-to-one consent. This means that by opting in, you consent to receive messages from Direct Metal Structures only. Consent cannot be shared with other companies or third-party entities without your direct approval.

To join our SMS program, you may opt in through:

• Web Form: By checking a clearly labeled box during the opt-in process.
• Text-to-Join: By texting the specified keyword (e.g., "JOIN").
• Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be captured and documented.

By opting in, you acknowledge that your consent to receive SMS messages is not a condition of any purchase. You may receive promotional or informational messages as specified at the time of opt-in.

3. Message Frequency

The number of messages you receive will vary based on your interaction with our services. Message and data rates may apply depending on your mobile carrier and plan.

4. Opt-Out Process

You can opt out of receiving SMS messages from Direct Metal Structures at any time by replying with the word “STOP” to any text message you receive from us. Once you opt out, you will not receive any further messages unless you choose to opt back in. For assistance, you can reply “HELP” for further instructions or contact our support team directly at sales@directmetalstructuresDOTcom or 888-277-7950.

5. Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from Direct Metal Structures in compliance with the TCPA and the FCC's 2024 guidelines. All messages will be logically and topically related to your interaction with our services and products.

Your consent is specific to Direct Metal Structures, and it does not extend to third-party businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC's one-to-one consent rule introduced in 2024.

6. Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy (https://directmetalstructures.com/privacy-policy/), which explains how we collect, use, and protect your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS messages outlined in this agreement.

7. Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan. Direct Metal Structures is not responsible for any fees charged by your carrier for receiving or sending messages related to our service.

8. Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages. This includes storing opt-in and opt-out dates and timestamps. These records are maintained in compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

9. Changes to Terms and Conditions

Direct Metal Structures reserves the right to modify or change these Terms and Conditions at any time. Any significant updates will be communicated via SMS or through our website. By continuing to use our SMS services after any changes, you agree to the revised Terms and Conditions.

10. Disclaimers and Liability Limitations

Direct Metal Structures is not responsible for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your mobile carrier and network provider. We cannot guarantee that SMS services will always be available in all areas.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions or the SMS service, please contact us at:

• Email: sales@directmetalstructuresDOTcom
• Phone: 888-277-7950
• Address: 541 W Pine Street STE 300 Mount AIry NC 27030

Links:

• Terms and Conditions: https://directmetalstructures.com/terms-of-use/
• Privacy Policy: https://directmetalstructures.com/privacy-policy/

Key 2024 Compliance Elements:

• One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for messages from a single seller, preventing bundled consents for multiple parties​
• Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out mechanisms, and consent specifics as required by the TCPA​
• Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing of opt-out requests, as required under current guidelines​

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines, ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Direct Metal Structures.

Direct Metal Structures has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Direct Metal Structures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us. Direct Metal Structures