Last updated: October 1, 2025
These SMS Terms & Conditions (“Terms,” “Agreement”) govern your participation in the Malone Electrical Solutions text messaging program (“Program,” “SMS Program,” “Service”). By opting into the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ENROLLING IN THE SMS PROGRAM.
Program Overview: Malone Electrical Solutions (“Malone,” “we,” “us,” or “our”) offers an SMS text messaging program that allows you to receive informational, transactional, and marketing messages related to our electrical services.
Express Written Consent: By opting into the Program by providing your mobile phone number and submitting your consent through our website, online forms, in-person sign-up, through a representative via verbal consent by phone, or by texting a keyword to our short code or phone number, you expressly consent and agree to receive recurring SMS text messages from Malone Electrical Solutions at the mobile phone number you provided.
Automated Messages: You acknowledge and agree that messages may be sent using an automatic telephone dialing system (autodialer), artificial voice, or prerecorded voice technology. Your consent to receive automated messages is not required as a condition of purchasing any goods or services from Malone Electrical Solutions.
Types of Consent:
Voluntary Participation: Participation in the SMS Program is completely voluntary. You may opt out at any time by following the instructions in Section 4 below.
Age Requirement: You must be at least 18 years of age or the age of majority in your jurisdiction to participate in the Program. By opting in, you represent and warrant that you meet this age requirement.
Message Types: You may receive the following types of SMS messages from Malone Electrical Solutions:
Transactional/Service Messages:
Customer Support Messages:
Marketing/Promotional Messages (opt-in required):
Message Frequency: Message frequency varies based on:
Estimated Frequency: You may receive approximately 2-10 messages per month, though actual frequency may be higher or lower depending on your interaction with our services and opted-in message categories. Marketing message frequency will not exceed 4 messages per month unless you separately consent to a higher frequency.
No Spam: We respect your time and attention. We will not send excessive or irrelevant messages and will honor your communication preferences.
No Fees from Malone: Malone Electrical Solutions does not charge you any fees to participate in the SMS Program or to receive text messages.
Carrier Charges May Apply: However, message and data rates may apply based on your mobile phone service plan. Standard messaging rates from your wireless carrier will apply to each message sent and received. Data charges may also apply if messages contain links or multimedia content.
Your Responsibility: You are solely responsible for any charges incurred from your mobile carrier for participating in the Program. These charges are determined by your carrier and your specific mobile plan.
Check with Your Carrier: We recommend that you check with your mobile carrier for details about your messaging plan, including:
Unlimited Plans: If you have an unlimited texting plan, you typically will not incur additional charges, but please verify with your carrier.
How to Opt Out (Unsubscribe): You may opt out of receiving SMS messages from Malone Electrical Solutions at any time, free of charge, by using any of the following methods:
Text STOP: Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, or any similar opt-out keyword to any message you receive from us. You will receive one final confirmation message acknowledging your opt-out request.
Contact Us Directly:
Effect of Opting Out: After you opt out, you will no longer receive SMS messages from us unless you opt back in. Please note that opting out of marketing messages does not opt you out of transactional service messages related to scheduled appointments or active service requests.
How to Opt Back In: If you opt out and later wish to receive messages again, you may opt back in by:
Help Information: For help, information, or support regarding the SMS Program, use any of the following methods:
Text HELP: Reply HELP or INFO to any message you receive from us. You will receive a message with program information and contact details.
Contact Us:
Processing Time: Opt-out requests are typically processed immediately, but may take up to 10 business days to fully process. You may receive messages during this processing period.
Eligibility Requirements: To participate in the SMS Program, you must:
Your Representations and Warranties: By opting into the Program, you represent, warrant, and agree that:
Notify Us of Changes: You agree to promptly notify Malone Electrical Solutions if:
How to Update Your Number: To update your mobile phone number, contact us at info@malonees.com or 540-425-3342 with your old and new phone numbers.
Failure to Notify: If you fail to notify us of a change to your mobile phone number, you may not receive important service messages, and we may send messages to the new subscriber of your old number. You remain responsible for any consequences of failing to update your contact information.
Account Security: You are responsible for maintaining the security and confidentiality of your mobile device and account. Notify us immediately if you believe your account has been compromised or if someone else is receiving messages intended for you.
Accurate Information: You agree to provide accurate, current, and complete information when enrolling in the Program and to update your information as necessary to keep it accurate and current.
Supported Wireless Carriers: The SMS Program is available to subscribers of the following major U.S. wireless carriers:
Carrier Compatibility: Not all mobile devices or carriers may be supported. Please check with your carrier to confirm that your device and plan support SMS text messaging.
Carrier Disclaimer & Limitation of Liability: Wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, Boost, and others, are not liable for delayed, undelivered, misdirected, or inaccurate messages. Message delivery is subject to:
No Guarantee of Delivery: While we make reasonable efforts to ensure timely message delivery, we do not guarantee that messages will be delivered successfully, accurately, or in a timely manner. Delays, failures, or errors in message delivery may occur due to carrier limitations, network congestion, device issues, or other technical factors beyond our control.
International Messages: The Program is available only to U.S. mobile phone numbers and subscribers. International messaging is not supported. Roaming charges may apply if you receive messages while traveling outside the U.S.
Technical Requirements:
Privacy Policy: Your participation in the SMS Program is subject to our Privacy Policy, available at https://malonees.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.
Information Collection: By participating in the Program, you acknowledge and agree that we may collect, use, store, and share information about you, including:
How We Use Information: We use your information to:
Sharing with Service Providers: We may share your information with trusted third-party service providers who assist us in operating the SMS Program, including SMS platform providers and telecommunications partners. These service providers are contractually obligated to protect your information and are prohibited from using your information for their own purposes, including marketing.
No Sale or Sharing for Marketing: We do not sell, rent, or share your mobile phone number or SMS consent with third parties or affiliates for their marketing purposes. Your SMS opt-in information is used solely to provide you with the Program services.
Data Security: We implement reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.
Your Privacy Rights: You have rights regarding your personal information, including the right to access, correct, delete, or opt out of certain uses. For more information, please review our Privacy Policy or contact us at info@malonees.com.
Acceptable Use: You agree to use the SMS Program only for lawful purposes and in accordance with these Terms.
Prohibited Activities: You agree NOT to use the Program to:
Consequences of Violation: If you violate these Terms or engage in prohibited conduct, we reserve the right to:
Cooperation: You agree to cooperate with any investigation of suspected violations of these Terms.
“AS IS” and “AS AVAILABLE” Basis: THE SMS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MALONE ELECTRICAL SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
No Guarantee of Accuracy: We do not warrant that the information provided through the Program is accurate, complete, reliable, current, or error-free. You rely on any information provided through the Program at your own risk.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MALONE ELECTRICAL SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, THE “MALONE PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO:
EVEN IF THE MALONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE MALONE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PROGRAM EXCEED FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
Basis of the Bargain: You acknowledge and agree that these limitations of liability are fundamental elements of the agreement between you and Malone Electrical Solutions, and that the Program would not be provided to you without these limitations.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above exclusions and limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.
Third-Party Content: We are not responsible for any third-party content, products, services, or websites accessed through links in SMS messages. Your interactions with third parties are solely between you and the third party.
Carrier Disclaimer: As stated in Section 6, wireless carriers are not liable for delayed or undelivered messages. This disclaimer extends to all aspects of message transmission, delivery, and receipt.
Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Malone Electrical Solutions, its affiliates, officers, directors, employees, agents, licensors, and service providers (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), and judgments arising out of or related to:
Defense and Settlement: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Survival: This indemnification obligation will survive the termination of these Terms and your participation in the Program.
Governing Law: These Terms and your participation in the SMS Program are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Program shall be subject to the exclusive jurisdiction of the state and federal courts located in Fredericksburg, Virginia or Spotsylvania County, Virginia.
Informal Dispute Resolution: Before initiating any formal legal action, you agree to first contact us at info@malonees.com or 540-425-3342 to attempt to resolve the dispute informally. We will make a good faith effort to resolve any dispute within thirty (30) days of receiving notice.
Arbitration Agreement (Optional – Remove if Not Desired): If you wish to include arbitration, you can add language here requiring binding arbitration for disputes. Many companies include this to avoid class action lawsuits. If you don’t want arbitration, skip this section.
Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MALONE ELECTRICAL SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MALONE ELECTRICAL SOLUTIONS AGREE OTHERWISE IN WRITING, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Venue and Jurisdiction: You consent to the personal jurisdiction of the state and federal courts located in Virginia for any legal action or dispute arising from these Terms or the Program. You waive any objection to venue or inconvenient forum.
Statute of Limitations: Any claim or cause of action arising out of or related to the Program or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred, regardless of any statute or law to the contrary.
Equitable Relief: Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.
Right to Modify: Malone Electrical Solutions reserves the right, in its sole discretion, to modify, suspend, discontinue, or terminate the SMS Program or any part thereof, or to modify these Terms, at any time and for any reason, with or without prior notice.
Updates to Terms: We may update these Terms from time to time to reflect:
Notice of Changes: When we make material changes to these Terms, we will:
Effective Date: Changes to these Terms become effective immediately upon posting on our website or upon the “Last updated” date, whichever is earlier, unless we specify a different effective date.
Continued Participation: Your continued participation in the SMS Program after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately opt out of the Program by following the instructions in Section 4.
Right to Discontinue Program: We may suspend, discontinue, or terminate the SMS Program at any time without liability. If we discontinue the Program, we will provide reasonable notice via SMS message when practicable.
Effect of Termination: Upon termination of the Program, your right to receive SMS messages will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 8, 9, 10, 11, and 15) will survive any termination or expiration of these Terms.
No Refunds: Because participation in the Program is free (excluding carrier charges), no refunds will be provided if the Program is modified, suspended, or discontinued.
Ownership: All content, materials, features, functionality, and intellectual property related to the SMS Program, including but not limited to text, graphics, logos, trademarks, service marks, software, and technology (collectively, “Content”), are owned by or licensed to Malone Electrical Solutions and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to receive and view SMS messages from the Program solely for your personal, non-commercial use.
Restrictions: You may not:
Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Program (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our products and services without any obligation or compensation to you.
Your Responsibility for Equipment: You are responsible for obtaining and maintaining all mobile devices, software, wireless service plans, and other equipment and services necessary to participate in the Program. We are not responsible for any costs associated with your mobile device, service plan, or related equipment.
Compatibility: The Program is designed to work with standard SMS-capable mobile devices and supported carriers. We do not guarantee compatibility with all devices, operating systems, or carriers.
Updates: We may update or change the technical requirements for the Program from time to time. You are responsible for ensuring that your device and service plan remain compatible with the Program.
No Technical Support: We do not provide technical support for your mobile device, carrier service, or software. Please contact your device manufacturer or carrier for technical assistance.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Malone Electrical Solutions regarding the SMS Program and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, will be severed from these Terms.
Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment: You may not assign, transfer, or delegate these Terms or your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
No Third-Party Beneficiaries: These Terms are for the benefit of you and Malone Electrical Solutions only and do not create any third-party beneficiary rights. No other person or entity has any rights to enforce these Terms.
Relationship of the Parties: Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Malone Electrical Solutions. You have no authority to bind or represent Malone Electrical Solutions in any manner.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, carrier outages, network failures, or other force majeure events.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Interpretation: These Terms will be interpreted in accordance with their plain meaning and not strictly construed for or against either party.
Electronic Communications: You consent to receive communications from us electronically, including via SMS and email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Language: These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version will control.
Questions About These Terms: If you have any questions, concerns, or comments about these Terms, please contact us using the information in Section 16 below.
For questions, concerns, support, or requests regarding the SMS Program or these Terms, please contact us:
Malone Electrical Solutions
2217 Princess Anne St. Ste 201-1
Fredericksburg, VA 22401
Email: info@malonees.com
Phone: 540-425-3342
Business Hours: Monday – Friday, 8:00 AM – 5:00 PM EST
Website: https://malonees.com
For SMS Program Support:
To Opt Out:
BY OPTING INTO THE SMS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE SMS TERMS & CONDITIONS.
Thank you for choosing Malone Electrical Solutions. We look forward to serving you!
